The URL can be used to link to this page

1978-01-24 CC Agenda Packet CITY OF MOUND Mound, Minnesota CM 78-16 CM 78-21 CM 78-20 CM 78-22 CM 78-17 CM 78-18 CM 78-19 Mound City Council January 24, 1978 City Hall 7:30 P.M. - Black Lake Bridge Discussion 8:30 P.M. - Council Meeting 1. Minutes Pg. 270-277 2. Public Hearings A. Amend Chapter 23 regulating Zoning, etc. - Multiple Dwellings B. Review Dock Location Map relative to Arbor Lane, Woodland Point & Avalon Park Areas C. Continued - Hearing on HUD Funds, IV Year 3. Tax Forfeit Land Pg. 254-258 4. Sidewalk Replacement Report Addendum Pg. 248-253 5. Reques~for Water, Sewer and Street Pg, 242-247 6. Commission Appointments Pg. 241 7. Co~ents and Suggestions by Citizens Present (2 Minute Limit) 8. Renewal of Taxicab Licenses Pg. 236-240 9. DWI Legislation Pg. 211-235 10', Payment of Bills 11. Information Memorandums/Misc. Pg. 201-210 12.' Con~nittee Reports Pg. 259-269 Page 278 5341 M/~,¥WOOD ROAD ~OUNO, IVIINNE$OT~ 55364 INDIAN, BURIAl. MOUNDB TELEPHONE (612) 472-1155 J~nuery ~, 1978 TO: FROM: SUBJECT: Mr. Kopp Park Foreman Council Memorandum 78-16 B, Review of dock location map. Attached you will find the Perk Commission recommendations which require change in the dock location map~ August 4, 1977 approved a petition that no docks be allowed at Avalon Perk when it is aquired. At present there are two docks permited on a easement. November 17, 1977 becsuse of congestion mhd complaints reduce the number of docks st Arbor L~ne from h to 3 November 17, 1977 reconfirm ~n esrlier resolution ststin9 that no stairways be ~llowed on the scenic w~lkw~y ~t Woodland Point. (Bluebird L~ne north) Either I or the Dock Inspector will ~ttend the Council meetin9 to snswer any questions. Respectfully, Chris gollis P~rk Forem~n ~B/j c n egg: CITY OF MOUND Mound, Minnes~¢,ts Janna~y 23, ]978 COUNCIL MEMORanDUM NO. 78-23 TO: The Honorable Mayor and City Council FROM: The City Manager SUBJECT: H.U.D. FUND Hearing The hearing on H.U.D. Funds Year IV was continued until February 24, awaiting the results of the income survey. Attached is a copy of a report showing as of 10 A.M. Monday that with 41% of the replies back from Island Park, 51% of the households are under the income limit~ while Three Points shows 53% under the income limit ~ith a 38% return. ON LAKE MINNETONKA 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 INDIAN BURIA~ MOUND~ TELEPHONE (612) 472-1155 Januar~z: 23, 1978 To: From: Subject:' Leonard L. Kopp, City ~.~zua~er Don Levens~ City Planner Survey (Update) for Island Park/Three Points (Income) ~ae surveys ~.~ere distributed to residents residing within the service areas of Island Park and Three Points to ~.etermine project eligibility for Cor~(nity Development Block Grant Year IV funding. Th~ response, as of Monday, January 237d, is as follows: R ~ c e rove .~ Ab ore/B elow ~-re~ Total Sent Total ~ ' ~ Island Park 545 226 (41%) 111/115 (51%) T"~ree Points 390 149 (35%) 70/79 (53%) CITY OF MOUND Mound, Minnesota January 23, 1978 INFORMATION MEMORANDUM NO. 78-3 TO: FROM: SUBJECT: The Honorable Mayor and City Council The City Manager Liquor Inventory Attached is a copy of the liquor inventory as of December 31, 1977. The inventory of $65,783.35 against $523,519.90 in sales (not counting sales tax) amounts to a turnover rate of 7.958 for the year which is very good (almost 8 times during the year). MOL/ND MIJAIi ~I?,4L LIQIJOr~ ) CITY OF MOUND Mound, Minnesota January 23, 1978 INFORMATION MEMORANDUM NO. 78-4 TO: FROM: SUBJECT: The Honorable Mayor and City Council The City Manager Zoning Ordinance Proposed Amendment regarding Refuse On Page 26 of the proposed amendment, Section 23.60 (2 a) regarding "Refuse" provides for refuse enclosures in all districts -- enclosures to be at least 75% solid with a concrete floor and that compliance with this provision be within six months following ordinance enactment. We would like to call this provision to the Council's attention. Does the Council wish to make any changes? · L~onard L. Kopp / , LAKE MINNETONKA CONSERVATION DISTRICT AGENDA Regula~ Meeting, 8:00 p.m., Wednesday, January 25, 1978 Freshwater Biological Institute Navarre, Minnesota Call to Order .. '" Roll Call Minutes: December 14, 1977 Special Meeting January 11, 1978 T~easu~er' s Report Monthly Financial Statement Bills .1.977 Dock License - Boulder Bridge Corem!tree Reports EnvL~onmental Co~i tree (1) Grays Bay Dam Project Resolution 'CoE Channel Maintenance Permit - T~ask, Black Lake (4) Other Lake Use Commi tree (1) Highway 101 Causeway P~oject Review (2) Other Boat Storage, Mooring and Launching Committee (1) Moratorium Proposal Review (2) 1977 Dock Licenses (3) Deicing Permits (4) Other Moratori~un Issues - Pkooosed Amendment Other Business A. Corps of Engineers B. Other 9. Adjournment MINi~ET OIZKA CONSERVATION REGULAR I~ETING FRESHWATER BIOLOGICAL INSTITUTE, NAVARRE, December 14, 1977 The regular meeting of %he Lake Minne%onka Conservation District was called to order by Vice Chairman Robert B~o'wn at 8:05 p.m. on Wednesday, December 14, 1977 at the Freshwater Biological Institute, Navarre. Members present: Jerry Johnson (Excelsior), Robert B~own (Greenwood), David Nixon* (Laketown Towoship), Robert Pillsbury (Minnetonka), Jon E mam (mnnetr±sta), Gordy Swenson for Orval mnstaa (Mo d), Norman Paulus (0rono), William Keeler (Shorewood), Frank Hunt (Spring Park), and Ed Bauman (Tonka Bay). Communities represented: Ten (10). *Arrived late. Official voting members: Nine (9)- Paurus Moved, Ba~man Seconded, that the minutes of the October 26, 1977 meetins, be ap o ed. otion, Ayes (9), Nays (0). Hunt Moved, Johnson Seconded, that the minutes of the November 16, 1977 special meeting, be apl~oved. Mo%ion, Ayes (9), Nays (0). Paurus Moved, Pillsbury Seconded, that the Treasurer's report be approved the bills paid. ~otion, Ayes (10), ~ays (0). SPECIAL REPORTS: John Holmquist, along with Dale Palmatier and A1 Lehman .of the Minneh~ha C~eek Watershed District, presented a review of the pro- posed management policy and objectives for the proposed headwaters control structure at Grays Bay dam. Public hearings are expected in late January. A proposed ~CD resolution regarding the l~oject was discussed, and the lowest dam elevation of 928.6 or 927.0 was questioned in paragraph 2.01(b) of the pmoposal. Hunt Moved, Kee!er Seconded, that (1) the ~esolution be returned to the Environmental Co~m~t%ee for review amd presentation at the next Board meeting, afte~ red~affting by counsel of paragraph 2.01(b); and (2) the Board be involved in any fut~z~e changes in the policy, including any chamges developed du_~ing the hearing process. Motion, Ayes (10), Nays (0). State Representative Bob Searles presented a summary of his 1978 State legislative proposals on watercraft licensing and safety. He ~ged the Board to ~eview the proposed bill amd asked for comments, particularly on the sections which support LMCD matters. Acting Chai~mam B~own expressed his thanks on behalf of the Board to Searles f6r his help in the Legislature. BOAT STORAGE~ MOORING & LAUNC~G C~ITTEE: Brown presented an update of moratorium issues. Baumam Moved, Ehrman Seconded, that, based upon the complexities of the issues and the need for time to develop proposals further, (1) %he ma~ter be considered at a special Board mee%in~ on January 11m, amd (2) the mora%orium on new or expanded dock licenses be extended from Decembe~ 31, 1977 to January 11, 1978. Motion, Ayes (10), Nays (0). CALL TO ORDER ATTEifD~ CE MINUTES TREAS--' REPORT MCWD DAM REPORT DAM RESOLUTION LEGISLATUf~ REPORT MORATORII~ EXT-~VSION I~'~CD Board Minutes December 14, 1977 ?a~e 2 The second reading was heard on the proposed Code amendment for license service charges. !~own Moved, Nixon Seconded, that the proposal as modified under "Excep- tions'' applying specifically %o municipalities, be redistributed for further consideration. Motion, Ayes (10), Nays (0). ~rown Moved, Bauman Seconded, that the following 1977 dock license appli- cations, as noted, be approved: I. A1 & Alma's 2. Crane Island Association 3. City of Excelsior 4- Flinne%onka Boat Works 5. Seahorse (amendment) 6. Frank Warner 7. Foxhill Association, With the stipulation that the dock ~se area be in conformance with %he LMCD Code in 1978 8. Windward Marine, approval for 80 slips subject to the stipulation that setbacks be in conformance with the LMC]) Code in 1978 9. Howard's Point Marina, transfer of o%*nership from Kehoe's Resort. Motion, ~yes (10), ~ays (0). ~rown Moved: Keeler Seconded, that the 1977 dock license and special district mooring-area permi% for Paul's Landing, due to nonconformance with I~CD Code requirements, be denied. Motion, Ayes (10), Nays (0). Bauman Moved, Pillsbury Seconded, that the following deicing permit applica- tions, be approved: Advance Machine Co. ~neson, Don Big Island Veterans Camp Grays Bay Resort Howards Point Marina Johnson, George Minnetonka Boat Works (Orono) Minnetonka Boat Works (Wayzata) Morave.c, Roy J. North Shore Drive Marina Paul ' s Landing Raymond, Allan Rockvam Boat Yards Vandever, lire. A. R.' Wayzata Yacht Club Welch, R. C. Wyer, James I. , otion, Ayes (10), Nays (0). I~[E USE COM~[tTTEE: Pillsbury reported that the committee reviewed a pre- liminary summery of the 1977 Lake Use S~udy which included tentative nsc of "multipliers" vmder the boat density index evaluator system. The committee recommends that the report be expanded to include Q.W. areas smd fee ramps, and that the District continue to use boat density factors as boating density policy. DOCK LICENSE SERVICE CHARGES 1977 DOCK LICENSES PAUL ' S DE ICING PERMITS LAXE USE STUDY ~CD ~0a~'d Minutes December 14, 1977 P~e 3 Bauman Moved, Ehrman Seconded, that the committee report on the Lake Use Study, be accepted. Motion, Ayes (10), Nays (0). The committee reviewed the county Lake maintenance program for 1978, which includes normal county maintenance of buoys, signs, trash containers, tem- porary %oiler facilities, and emergency removal of navigation hazards. In ~ddition, the program includes the riprapping and maintenance cleanup of the following channels: Big Island, Coffee, Black Lake-Spring Park, l~iest- Halsted, Stubbs-Maxwell, Seton, and the Hendrickson public access. The above program picks up channel maintenance programs deleted from previous county budgets, including the 1978 p~'ogram, except for Libbs Lake Channel. The committee recommends approval of the proposed 1978 county Lake mainten- ance program, and that the Libbs Lake Channel (included sa pa~t of %he original 1978 program) be taken ca~e of under emergency channel care. Bauman Moved, Paurus Seconded, that the 1978 county Lake maintenance program COUNTY ~s outlined above, be approved, and that any work needed for Libbs Lake MAiI~m~ANC Channel be included under emergency maintenance. Motion, Ayes (10), Nays (0). PROGRAM The committee reported it was advised of Orono's ongoing business with the Park Reserve District concerning the acquisition of Big Island for pa~k proposes. No action by the District is needed at this time. A ~eques% to consider a later closing date for the boating season %o accommodate late mooring buoy. removal, was deferred by the committee (due to the absence of the applicant's ~epresentative at the meeting). OTHER BUSINESS: In order to protect LMCD rights in pawticipating in any future Environmental Quality Board hearings on ~ou!der Bridge, a Petition to Intervene had been filed; LMCD involvement in marina matters should be recognized by the EQB. It should be remembered that the LMCD has not yet considered the application for a multiple dock license by the Boulder Bridge Farm Development, even though it has approved the Boulder Bridge Environ- mental Assessment Worksheet. Ehrman Moved, Paulus Seconded, that (1) the filing of the petition of inter- vention with the EQB, be approved; and (2) a proposed statement for the BOULDER January 17m EQB public hearing, be reviewed at the special LMCD Board meeting BRIDGE called for anuary 11 . Motion, Ayes (9), (1), voting ay. Brown Moved, Bauman Seconded, that the Wayzata Bank and Trust Company be designated ~s the District's official depository fo~ 1978; and that the Dis~ict's official newspaper for 1978 be the Sun, with official notices also to be published in The Maverick and The Laker newspapers. Motion, Ayes (10), Nays (0). ADJOUPJ'$~NT: Pillsbury Moved, Brown Seconded, ~t 11:00 p.m., that the eeting, be o ned. Motion, Ayes (10), Na s (0). OFFICLAL DEPOSITOR% NEWSPA~ Submitted by: Alden W. Clark, Secretary Approved by: LAKE M~T0kXA CONSk~¥ATION DItTRIOT SPECIAL ~-IRES~B.~ATFLR BIOLOGICAL INSTITUTE, NAVARRE, January 11, 1978 A special meeting of the Lake Minnetonka Conservation District was called to order by Chairman Maple at 8:00 p.m. Wednesday, J~vuary 11, 1978 at the Freshwater Biological Institute, Navarre. Robert Brown (Greenwood), Ala~n Clark (Ifinnetonka Beach), Jon Ehrman O',~netrista), ~val ten,tad O~o~d), ~orman ~a~ (O~ono), Wil!i~ Keeler (Shorewood), Frank Ho_hr (Spring Park), Richard Soderberg (Victoria), and Robert MacNamara (Wayzata). Communities represented: Eleven (11). The Board reviewed its moratorium on issuance of new or expanded multiple boat storage facilities that had been extended to this meeting from its original expiration date of Decembe~ 31, 1977, and a proposed Code amendment developed dwring the moratorium period. Eb~m~ Moved, Hunt Seconded, (1) that the moratorium be extended to the regular Board meeting of April 26m; and (2) that the Board members review the amendment covering moratorium issues with interested parties, and make any proposed changes as specific written proposals at the regular Board ~eeting o~ ~an~ ~. Motion, Ayes (1~), N~s (0). Fenstad Moved, Hunt Seconded, that the first reading of the proposed Code amendment for mo~atori~n issues be at the regular Board meeting on February 22, 1978. Motion, Ayes (lJ), Nays (0). Upon legal advice that the EnvJ_ronmental Quality Council had cancelled its hearing on Boulder Bridge and had accepted the original negative Environ- mental Assessment Worksheet declaration, the EQB hearing statement was given no further consideration. Johnson Moved, Brown Seconded, that the Board acknowledge a letter re- questing consideration of the Boulder Bridge dock license application, and lay %he matter over for further consideration at its January 25m meeting. Motion, ~es (11), ~ays (0). After %he third reading amd discussion of the dock license service charge Code amendment, as modified, Bro%~n Moved, Keeler Seconded, %hat Ordinance No. 17 relating to license service charges for mu~tipte docks and mooring areas, be adopted. Motion, Ayes (10), Says (1), Johnson voting Nay. ~d)JOUR!Rf~_~T: Fenstad Moved, Brown Seconded, at 9:>0 p.m., that ~he meeting, be adjou_~ned. Motion, Ayes (11), Nays (0). CALL TO ORDER MORATOR1-0M~ EXTENSTiON~ PROPOSALS EQB STAT-~WiIT~: BOULDER BRIDGE DOCK LI C-~E SERVICE CHARGE ADJO~ Submitted by: Approved by: Alan W. Clark, Secretary Thomas S. Maple, Jr., ChaJ~man %.?.~ I.._1 v-7.~.,~ t- 'q, vm cl~';~'' 300 ]~etro Square Building, 7th Street and ~obert Street, Saint Paul, Minnesota 55101 Area 612, 291~6359 January 19, 1978 RE: Metropolitan Transit Commission Seven Preliminary Applications for State Paratransit Demonstration Grants: Paratransit Data Collection Paratransit Planning Special Transportation Needs A Golden Valley Dial-A-Ride System Lake Minnetonka Paratr. ansit Paratransit Consumer Outreach Program Handicapped Transportation Planning Received on January 18, 1978 Metropolitan Council Referral File No. 5455 The Metropolitan Council has received an application for state funds to accomplish the above referenced projects. The procedures for review of these applications require that any potentially affected units of government, n~ighborhood organiza- tions., groups, and human rights commissions be notified of the project and given an opportunity to comment. The interest of your community or group should be expressed by means of a letter describing the effect the project might have on your community or the type of additional information you would like to receive . 13pon receipt of a notice of your interest, if any, it is incumbent upon the Metro- politan Council to arrange a conference with the applicant for the benefit of all interested parties. If you desire to review the application, copies are on file at the Metropolitan Council and in the offices of the applicant. Ail Agency Credit. ed to Coordin~te tile, Ph~nning and I)evelop~nent of the Twin Cities Metropolitan Area Con%pr~sing: Anoka County 0 Carver Country 0 Dakota County 0 Hennepin County 0 Ramsay County 0 Scott County 0 Washington County 2 The following municipalities and counties have been notified of these proposals: Minnetonka YVayzata Oro3 . ~~und Minnetrista Shorewood Deephaven St. Louis Park Carver County Hennepin County Scott County Spring Park Tonka Bay Greenw3od Excels Wood la nd lVlinneto nka Beach Go[den Valley Anoka County Dakota County Ramsay Count!J Washington County IR/pb Sincere Tad Jude HennepimWright Counties Communities: Corcoran Maple Plain Dayton Minnetrista Greenlield Mound Hanover Rogers Hassan Spring Park Independence St. Bonifacius Maple Grove January 19, 1978 Leonard L. Kopp, City Manager City of Mound 5341 Maywood Road Mound, MN 55364 linnesota House of Representatives Martin Olay Sabo, Speaker Dear Leonard: Thank you for a copy of the latest actuary studies of the pension plan along with the proposed bill. I have discussed the matter with Senator Pillsbury and we are having the bill drafted now through the Revisor's Office. I expect introduction sometime next week. Hope to ~see you again soon. Sincerely, Tad~J de State Representative TVJ/maa P.S. The bill to revoke Continental Telephone's authority to operate in the state has been tabled, but can be made an issue again at anytime when the majority of committee members wish to do so. Reply to: [] Office: Minnesota House of Representatives, State Capitol, St. Paul, Minnesota 55155 (612) 296-~,248 ;.-%,; [] Home: 5230 Sulgrove Rd., Mound, Minnesota 55364 (612) 472-2790 OO1 REGULAR MEETING OF THE CITY COUNCIL January 10, 1978 Pursuant to due call and notice thereof, a regular meeting of the City Council of'the City of Mound, Hennepin County, Minnesota was held at 5341Maywood Road in said City on January 10, 1978 at 7:30 p.m. Those present were: Mayor Tim Lovaasen, Councilmembers Gordon Swenson, Orval Fenstad, RQbert Polston and Benjamin Withhart. Also present were the City Manager Leonard L. Kopp,Assistant City Attorney James Larson and City Clerk Mary H. Marske. COMMENDATION - LOUIS OBERDECK Lovaasen moved and Withhart seconded a motion RESOLLFF~ON 78-1 The vote was unanimously in favor. COMMENDATION - FRANK WEILAND Lovaasen moved and ~ithhart seconded a motion RESOLUTION 78-2 RESOLUTION COMMENDING FRANK ~EILAND The vote was unanimously in favor. MINUTES The [ainutes of the meeting of December 20, 1977 were presented for consideration. Swensor, ,;; "ed and Polston seconded a motion to accept the minutes of the Council meeti,~a o: December 20, 1977 as presented. PLANNING CO~MISStON RECOMMENDATIONS Rezoning - Lot 54, Whipple Shores Swenson moved and Polston seconded a motion RESOLUTION 78-3 The vote was unanimously in favor. RESOLUTION COMMENDING LOUIS OBERDECK The vote was unanimously in favor. RESOLUTION ORDERING PUBLIC HEARING ON PROPOSED AMENDMENT OF CHAPTER 23, MOUND CODE OF ORDINANCES ENTITLED "ZONING" (PART OF PARCEL 5700 PLAT 37990) FOR FEBRUARY 7, 1978 AT 7:30 P.M. Variance - Rear Yard - Front Yard - Lots 9,10 & Part of 8, Block 22, Seton Fenstad moved and Swenson seconded a motion RESOLUTION 78-4 The vote was unanimously in favor. RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION TO GRANT THE VARIANCE AS REQUESTED. Variance - Street Front- Lot 3 and Part of Lot 4, Block 13, Shadywood Point Polston moved and Swenson seconded a motion RESOLUTION 78-5 The vote was unanimously in favor. RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECONHENDATION TO GRANT THE VARIANCE AS REQIJESTED. .177. OO2 anuary 10, 1978 PLANNING COMHISSIOt,I RECOMMENDATIONS (Cont) Variance - Street Front - Lot 92, Mound Shores Fenstad moved and Polston seconded a motion RESOLUTION 78-6 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOHMENDATIO~I STIPULATING A h FOOT SIDEYARD SET BACK FOR TttE GARAGE. The vote was unanimously in favor. Planned Area Development Ordinance Swenson moved and Fenstad seconded a motion RESOLUTION 78-7 The vote was unanimously in favor. RESOLUTION PROVIDING FOR A PUBLIC HEARING ON TIlE PROPOSED PLANNED AREA DEVELOPMENT ORDINANCE TO BE HELD JANUARY 31, 1978 AT 7:30 P.M. ORGANIZATIONAL MEETING Withhart moved and Swenson seconded a motion RESOLUTION 78-8 RESOLUTION DESIGNATING GORDON SWENSON AS ACTING MAYOR FOR 1978 Upon roll call vote being taken thereon, the following voted in favor thereof: Polston, Withhart, Lovaasen and Fenstad and the following abstained from voting: Swenson, whereupon said resolution was declared passed and adopted. Polston moved and Swenson seconded a motion RESOLUTION 78-9 RESOLUTION AUTHORIZING THE MAYOR, THE CITY MANAGER, THE CITY CLERK/ ~ TREASURER AND THE ACTING MAYOR TO SIGN CHECKS. Upon roll call vote being taken thereon, the following voted in favor thereof: Polston, Withhart, Lovaasen, Fenstad and Swenson and the following voted against the same; none, whereupon.said resolution was declared passed and adopted. Wi~hhart moved and Swenson seconded a motion RESOLUTION 78-10 RESOLUTION APPOINTING DR. KENNETH ROMNESS AND DR. CHARLES V. CARLSON AS CITY HEALTH OFFICERS FOR 1978. Upon roll call vote being taken thereon, the following voted in favor thereof: Polston, Withhart, Lovaasen, Fenstad and Swenson and the following voted against the same: none, whereupon s~id resolution was declared passed and adopted. Fenstad moved and Swenson seconded a motion RESOLUTION 78-11 RESOLUTION NAMING THE LAKER AS THE OFFICIAL NEWSPAPER FOR THE YEAR 1978. Upon roll call vote being taken thereon, the following voted in favor thereof: Polston, Withhart, Lovaasen, Fenstad and Swenson and the following voted against the same: none, whereupon said resolution was declared passed and adopted. Fenstad moved and Withhart seconded a motion RESOLUTION 78-12 RESOLUTION DESIGNATING OFFICIAL DEPOSITORIES FOR CITY FUNDS AND REQUIRING APPROPRIATE SECURITY THEREOF. Upon roll call vote being taken thereon, the following voted in favor thereof: Polston, Withhart, Lovaasen, Fenstad and Swenson and the following voted against the same: none, whereupon said resolution was declared passed and adopted. January 10, 1978 003 ORGAI'IIZATIONAL MEETING (Cont) Swenson moved and Withhart seconded a motion RESOLUTION 78-13 RESOLUTION DIRECTING THE MAYOR AN~ CITY CLERK/TREASURER TO INSPECT THE DEPOSITORY COLLATERAL Upon roll call vote being taken thereon, the following voted in favor thereof: Polston, Withhart, Lovaasen, Fenstad and Swenson and the following voted against the same: none, whereupon said resolution was declared passed and adopted. Withhart moved and Swenson seconded a motion to hold a special meeting on Jan- uary 18, 1978 at 7:30 p.m. to interview all persons interested in serving on any of the advisory commissions. The vote was unanimously in favor. Withhart moved and Fenstad seconded a motion to extend the term of office of all those persons whose terms expire on December 31, 1977 for one month to expire January 31, 1978. The vote was unanimously in favor. Polston moved and Withhart seconded a moti:on RESOLUTION 78-14 RESOLUTION NAMING GORDON SWENSON AS COUNCIL REPRESENTATIVE TO THE PLANNING COMMISSION FOR 1978. Upon roll call vote being taken thereon, the following voted in favor thereof: Polston, Withhart, Lovaasen and Fenstad the the following abstained: Swenson, whereupon said resolution was declared passed and adopted. Swenson moved and Polston seconded a motion ~ESOLUTION 78-15 RESOLUTION NAMING BENJAMIN WITHHART AS THE COUNCIL REPRESENTATIVE TO THE ADVISORY PARK COMMISSION FOR 1978. Upon roll call vote being taken ~thereon, the following voted in favor thereof: Polston, Loyaasen, Fenstad and Swenson and the following abstained: Withhart, whereupon said resolution was declared passed and adopted. Polston moved and Lovaasen seconded a motion RESOLUTION 78-16 RESOLUTION NAMING COUNCILMAN WITHHART AS COUNCIL REPRESENTATIVE TO THE HUMAN RIGHTS COMMISSION OF MOUND, SPRING PARK AND MINNETRISTA. Upon roll call vote being taken thereon, the following voted in favor thereof: Polston, Lovaasen, Fenstad and Swenson and the following abstained: Withhart, whereupon said resolution was declared passed and adopted. Lovaasen moved and Withhart seconded a motion RESOLUTION 78-17 RESOLUTION NAMING COUNCILMAN POLSTON AS COUNCIL REPRESENTATIVE TO THE MOUND YOUTH COMMISSION FOR 1978. Upon roll call vote being taken thereon, the following voted in favor thereof: Fenstad, Lovaasen, Swenson and Withhart and the following abstained: Polston, whereupon said resolution was declared passed and adopted. Fenstad moved and Swenson seconded a motion RESOLUTION 78-18 RESOLUTION APPROVING THE CITY CLERK/ TREASURER'S BOND. Upon roll call vote being taken thereon, the following voted in favor thereof; Fenstad, Lovaasen, Swenson, Withhart and Polston and the following voted against the same: none, whereupon said resolution was declared passed and adopted. 004 January 10, 1978 ORGANIZATIONAL MEETING (Cont) Swenson moved and Fenstad seconded a motion RESOLUTION 78-19 RESOLUTION ESTABLISHING MEETING DATES AND ADOPTING RULES OF PROCEDURE Upon roll call vote being taken thereon, the following voted in favor thereof: Polston, Withhart, Lovaasen, Fenstad and Swenso~ and the following voted against the same: none, whereupon said resolution was declared passed and adopted. Fenstad moved and Swenson seconded a motion RESOLUTION 78-20 RESOLUTION NAMING MAYOR LOVAASEN AS DELEGATE TO THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES AND NAMING CITY MANAGER KOPP AS ALTER- NATE DELEGATE. Upon roll call vote being taken thereon, the following voted in favor thereof: Polston, Withhart, Lovaasen, Fenstad and Swenson and the following voted against the same: none, whereupon said resolution was declared passed and adopted. Withhart moved and Polston seconded a motion RESOLUTION 78-21 RESOLUTION' APPOINTING MAYOR LOVAASEN AND COUNCILMEMBER SWENSON TO SERVE ON THE FIRE COMMITTEE FOR 1978. Upon roll call vote being taken thereon, the following voted in favor thereof: Polston, Withhart, Lovaasen, Fenstad and Swenson and the following abstained: Swenson, whereupon said resolution was declared passed and adopted. Polston moved and Withhart seconded 'a.~o~ion RESOLUTION 78-22 RESOLUTION APPOINTING MAYOR LOVAASEN AND COUNCILMEMBERS SWENSON AND FENSTAD TO SERVE ON THE POLICE COMMITTEE FOR 1978. Upon roll call vote being taken thereon, the following voted in favor thereof: Polston, ~lithhart, Lovaasen, Fenstad and Swenson and the following voted agatnst the same: none, whereupon said resolution was declared passed and adc;,~ed. Fenstad moved and Swenson seconded a motion RESOLUTION 78-23 RESOLUTION APPOINTING CITY MANAGER LEONARD KOPP AS REPRESENTATIVE TO THE SUBURBAN RATE AUTHORITY AND NAMING ROBERT MINER AS ALTERNATE. Upon roll call vote being taken thereon, the following voted in favor thereof: Polston, Withhart, Lovaasen, Fenstad and Swenson and the following voted against the same, none, whereupon said resolution was declared passed and adopted. Swenson moved and Withhart seconded a motion RESOLUTION 78-24 RESOLUTION APPOINTING TIMOTHY PIEPKORN AS PROSECUTING ATTORNEY EFFECTIVE FEBRUARY 1, 1978. Upon roll call vote being taken thereon, the following voted in favor thereof: Polston, Wlthhart, Lovaasen and Swenson and the following voted against the same: Fenstad, whereupon said resolution was declared passed and adopted. PARKING VARIANCE Swenson moved and Fer, stad seconded a motion RESOLUTION 78-25 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PUBLIC WORKS DIRECTOR TO DENY THE PARKING VARIANCE REQUESTED. The vote was unanimously in favor. January 10, 1978 005 TUXEDO EASEMENT - LOT 14, BLOCK 6, ARDEN Swenson moved and Withhart seconded a motion RESOLUTION 78-26 RESOLUTION APPROVING THE EASEMENT AGREEMENT FOR LOT 14, BLOCK 6, ARDEN WITH PAYMENT IN THE AMOUNT OF $1,095.00. The vote was unanimously in favor. TAX FORFEIT LAND Lots 17, 18 & 19, Block 9, Whipple The Council requested this item be referred to the Park Commission requesting they consider the area and submit a recommendation to the Council on what part the City should retain. Lots 1 and 2, Block 14, Whipple The Council requested this item be referred to the Park Commission requesting they consider the area and submit a recommendation to the Council on what part the City should retain. PLANS & SPECIFICATIONS FOR SANITARY SEWER INSPECTION Swenson moved and Polston seconded a motion RESOLUTION 78-27 The vote was unanimously in favor. RESOLUTION AUTHORIZING THE CITY ENGINEER TO ADVERTISE FOR BIDS FOR THE TELEVISING OF THE SEWER LINES WITH BIDS TO BE OPENED ON FEBRUARY 13,1978 AND AWARDED ON FEBRUARY 14,1978. BIDS ~ Fire Equipment Swenson moved and Fenstad seconded a motion RESOLUTION 78°28 The vote was unanimously in favor. RESOLUTION AWARDING PURCHASE OF CERTAIN FIRE EQUIPMENT TO VIKING FIRE EQUIPMENT THE LOW BIDDER. Dump Truck and Snow Plow Bid Swenson moved and Withhart seconded a motion RESOLUTION 78-29 The vote was unanimously in favor. RESOLUTION AWARDING PURCHASE OF A DUMP TRUCK AND SNOW PLOW TO THURK BROTHERS CHEVROLET THE LOW 'BIDDER. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT No comments or suggestions were presented at this time. DELINQUENT WATER BILLS Swenson moved and Withhart seconded a motion RESOLUTION 78-30 The vote was unanimously in favor. RESOLUTION PROVIDING FOR A PUBLIC HEARING REGARDING DELINQUENT UTILITY BILLS FOR FEBRUARY 7, 1978 AT 7:30 P.H. 006 anuary 10, 1978 C.E.T.A. CONTRACT Withhart moved and Swenson seconded a motion RESOLUTION 78-31' The vote was unanimously in favor. RESOLUTION AUTHORIZING THE MAYOR AND CITY MAHAGER TO SIGN THE C.E.T.A. CONTRACT. PAYMENT OF BILLS Swenson moved and Withhart seconded a motion to approve payment of the bills as presented on the prelist in the amount of $301,293.16 where funds are available. Roll call vote'was unanimously in favor, so carried. MISCELLANEOUS Additional items discussed by the Council included garbage rates, the M.T.C. handicapped routes, sewer meters malfunctioning, the Tonka Toy water/sewer billing and Eagle Lane access. Lovaasen moved and Fenstad seconded a motion to authorize the opening of the Eagle Lane access by the City staff. The vote was four in favor with Withhart voting nay. ADJOURNMENT Fenstad moved and Swenson seconded a motion to adjourn to the next regular meeting on January 17, 1978 at 7:30 p.m. The vote was unanimously in favor, so carried and adjourned. Mary H. Marske, City Clerk/Treasurer Leonard L. Kopp, City Manager oo7 REGULAR MEETING OF THE CITY COUNCIL January 17, 1978 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Hound, Hennepin County, Minnesota was held at 5341Maywood Road in said City on January 17, 1978 at 7:30 p.m. Those present were: Acting ttayor Gordon Swenson, Councilmembers Robert Polston and Benjamin Withhart. Also present were City Manager Leonard L. Kopp and City Clerk Mary H. Marske. PUBLIC HEARING - H.U.D. FUNDS - YEAR IV The City Clerk presented an affidavit of publication in the official newspaper of the notice of public hearing on said H.U.D. Funds. Said affidavit was then examined, approved and ordered filed in the office of the City Clerk. The City Planner explained the progress being made with a survey regardi.ng the use of the H.U.D. funds. Polston moved and ~¢ithhart seconded a motion RESOLUTION 78-32 RESOLUTION TO CONTINUE PUBLIC HEARING ON H.U.D. FUNDS TO THE MEETING OF JANUARY 24, 1978 AT 7:30 P.M. The vote was unanimously in favor. MEETING WITH COMMISSIONS - SLIDE PRESENTATION ON TAX INCREMENT FINANCING The City Planner breifly backgrounded tax increment financing and prior to a slide presentation prepared by the State. The Council determined to have the slide presentation shown to the Park Commission, the Planning Comm- ission and the Housing and Redevelopment Authority and request that they discuss th~ possibility of pursuing a tax increment financing plan. TRIBUTE TO ItUBERT H. HUMPHREY The Acting Mayor requested those present to bow their heads in a thirty ~econd t.ribute to the late Hubert H. Humphrey. ** **Councilmember Fenstad and Mayor Lovaasen TUXEDO EASEMENTS arrived at 8:30 p.m. Swenson moved and Fenstad seconded a motion RESOLUTION 78-33 The vote was unanimously in favor. RESOLUTION AUTHORIZING THE OBTAINING OF EASEMENTS FROM LOTS 21, 16 AND 17, BLOCK 10, ARDEN AND APPROVE A BUILDING SITE DIVISION REQUEST. Fenstad moved and Swenson seconded a motion RESOLUTION 78-34 The vote was unanimously in favor. RESOLUTION AUTHORIZING THE OBTAINING .OF EASEMENT OF LOTS 1 AND 2, BLOCK 10, DEVON IN THE AMOUNT OF $1OO.00. L.M.C.D. ORDINANCE PROPOSAL Councilmember Fenstad informed the Council of a proposed ordinance coming before the L.M.C.D. The Council determined to discuss the matter further after the interviews with persons wishing to serve on Commissions on January 18, 1978. WEST HENNEPIN HUMAN SERVICES MEETING Councilmember Wi thhart reminded the Council of the meeting of the West Hennepin Human Services on January 19, 1978 at 2:30 p.m. 008 'January 17, 1978 ADJOURNMENT Swenson moved and Fenstad seconded a motion to adjourn to the meeting on January 18, 1978 and then to the r~ext regular meeting o~ January 24, 1978. The vote was unanimously in favor, so carried and adjourned. Mary H. Marske, City Clerk/Treasurer Leonard L. Kopp, City Manager CITY OF MOUND Mound, Minnesota January 18, 1978 COUNCIL MEMORANDUM NO. 78-16 TO: The Honorable Mayor and City Council FROM: The City Manager SUBJECT: Zoning Ordinance Amendments The Council has set the public hearing to amend Chapter 23 of the City Code regulating Zoning and amending Sections relating to use, standards and conditions relating to Multiple Dwellings, etc. for January 24th. Attached is a copy of a letter and material from the City Attorney on points that the Council asked him to research. ~e~nard L. Kopp ~ V ~ CURTIS A.pEARSON J. DENNIS O'BRIEN JOHN B. DEAN DAVID J. KENNEDY GLENN E. PURDUE LAW OFFICES L~'FEVERE, LEFLER, PEARSON, O'BRIEN & DRAWZ I100 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 January 17, 1978 TELEPHONE (6 J~') 333-0543 Mr. Leonard L. Kopp City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 Re': Zoning Ordinance Amendments Dear Len: The City Council discussed the zoning ordinance on December 20, 1977 and asked that certain research or changes be made in certain sections of the ordinance. It is my understanding that there were four points they wanted me to cover specifically; namely, facilities for the handicapped, environmental considera- .tions, provision relating to a registered landscape architect, and the amendment of Section 23.30 relating to multiple parking. I have researched these questions and have the following comments: Handicapped. facilities. The State of Minnesota has already a~opted regulations which are a part of the State Building Code relating to facilities for the handicapped. I am enclosing here- with a copy of Chapter 55 of the State Building Code, pages 27 through 33. The City does not have the authority to amend these provisions and it would appear that the council's concern relating to the handicapped is already provided for by State regulations. The Building Inspector should, of course, have a copy of these regulations in his office, and I am sure he will see that any construction is carried on pursuant to the State Building Code. Environmental considerations. The broadness of this subject makes it impossible to give a definitive answer which would indicate BUILDING COI}E SBC 201 The UBC is amended by adding a new chapter as follows: CHAPTER 55 Facilities tot the HandicapI~ UBC 5501 Where Required. (a) General. In addition to other provisions in this Code, facilities for the handicapped shall be provided in accordance with this chapter. (b) Scope. Provisions of this chapter shall apply to buildings housing all ~ccupancies except the following: 1. Group I and J Occupancies. 2. Temporary buildings. 3. Buildings not exceeding 150 square feet in floor area need not be provided with sanitation facilities for the handicapped specified in UBC 5503. 4. One story buildings, other than service stations, not exceeding 2,000 square feet in floor area need not be provided with sanitation facilities for the handicapped specified in UBG 5503 when approved by the Building Official. - 5. Floors of buildings not used by the general public and on which handicapped persons cannot be employed because of the nature of the work. 6. Group tt Occupancies in which dwelling units are individually owned, sanitation facilities for the handicapped specified in UBC 5503, and other facilities for the handicapped specified in UBC 5504, need not be provided. UBC 5502 Bnildlng Accessibility (a) Definitions. 1. Ramp is a sloped walking surface within a building or attached to a building connecting levels of the building and may be part of an exit in accordance with UBG 3306. 2. Walk is a continuous, permanently defined pathway at grade txveen public ways and buildings, parking areas and buildings, or between buildings. 3. Slip-resistant is any surfacing of a floor, ramp, or walk which has an anti-slip coefficient of not less than 0.40 as defined in Research Paper No. 1~P-1879 of the National Bureau of Standards. Co) Site Approaches. Access to building entrances shall be by walks. Such walks shall be of concrete, asphaltic paving or similar permanent material, with slip-resistant surface, and shall be not less than 48 inches wide with a slope not to exceed one vertical to 20 horizontal. (c) Building Enhances. At least one required exit of the building shall be accessible for nsc as ingress for the handicapped, and shall be identified for such use. Such building entrance shall be at the main lobby or corridor, or shall be accessible thereto by ramp or elevator. 27 !iliM~ ~O1 I~I][NNK~OTA S'TAT~ (d) Access to Other Stories. Access for the handicapped to other storie~ or levels of the building used by the general public and/or employees shall be by elevator or ramp, except the following: 1. Group H Occupancies not exceeding three (3) stories in height. 2. Other Occupancies not exceeding two (2) stories in height, and where the total occupant load is less than 100 on all floors other than the main floor. Such ramp shall have a slip-resistant surface. It shall have a slope not to exceed one foot vertical to 12 feet horizontal and a landing at top and bottom, and where the rise exceeds three (3) feet vertically, it shall have an intermediate landing located not to exceed two (2) feet six (6) inches ver- tically. Bottom landing shall have a minimum dimension of six (6) feet measured in the direction of the ramp, and top and intermediate landings shall have a minimum dimension of five (5) feet measured in the direction of the ramp. Handrails and guardrails shall be provided as required for stairs. (e) Automobil~ Parking Areas. Where automobile parking spaces are provided, at least one space per 50 spaces, or fraction thereof, shall be provided for the use of the handicapped, and shall be identified for such use. Such parking spaces shall be not less than 12 feet in width, and located as near as practicable to the building entrance specified in UBC 5502(c). (0 Doors and Doorway~ Doors and doorways serving buildings or portions thereof regulated by this chapter shall comply with the following: 1. Doorways or doors in an open position shall have a clear opening width of not less than 31 inches. 2. Doors shall be operable by a sln~e effort with one hand. 3. In doorways consisting of two (2) door leafs, at least one door leaf shall comply with the provisions of this section. See UBG 3303(d) for mini- mum exit door width. 4. Where access regulated by this chapter is through two (2) or more sets of doors, as in a foyer, vestibule, or lobby, the space, separating the doorways shall be not less than seven (7) feel 5. The floor or Ianding at doorways shall be level with, or not more than one-half inch lower than, the threshold. Where the door swings over floor or landing such floor or landing shall extend not less than one foot beyond the door on the Iatch side. 6. In dwelling units specified in UBC 5503(a)1, entrances specified in UBC 5502(c), and toilet rooms or compartments specified in UBC 5503(c)1, door opening latch hardware shall have level handles, and shah be not more than three (3) feet slx (6) inches above the floor. 7. Doors serving toilet rooms or stalls shall be capable of being unlocked from either side. (g) Stair Tread Nosing. Risers shall be slanted to meet the tread nosing edge, or where the treads extend beyond vertical risers, nosing shall be rounded and not project beyond the risers more than one inch. (h) Aisles nnd Lanes. Where pedestrian aisles or lanes are defined with directional barriers, rails, benches, merchandise, tables, seats or fences, at 28 91~L I~UILDING CO~I~ S~C c'Ol least one shall have not less than 31 inches clear width for use o£ the handi- capped and shall be identified for such use. USC 5503 Smfitation Facilities. Sanitation facilities may include toilets (water closets), urinals, lavatories, bathtubs, showers, sinks, and similar plumbing fixtures. For number and type of sanitation fixtures required in each occupancy, see Table 17-B. (a) ~Vhere Required. 1. In Group FI Occupancies having eight (8) or more dwelling units or guest rooms, sanitation facilities shall be provided in each dwelling unit in accordance with Table 55-A. In a multiple-building development, the dwelling nnits or guest rooms containing sanitation facilities shall not be located solely in one building.. 2. In other buildings regulated by this chapter, at least one required toilet room for each sex shall have not less than one toilet and lavatory complying with this section, and where urinals are provided, not less than one urinal complying with this section. In buildings having more than one toilet room for each sex, not less than two (2) required toilet rooms for each sex shall comply with this section. Toilet rooms having plumbing fixtures required by this section shall be identified for use by the handi- capped. Buildings. having a posted room directory shall list the location of such toilet rooms m the directory. (b) Location Other than Group H Apartment Occupancies. In buildings with an elevator or ramp, the sanitation facilities shall be located at any level served by elevator or ramp. Where sanitation facilities are required in buildings without an elevator or ramp, the sanitation facilities shall be conveniently located at the required entrance level, accessible without leaving or re-entering the buildLng. lc) Sizes nnd Clearances, 1. Toilets. Toilet rooms or compartments shall have not less than 36 inches clear space at the front of the toilet and not less than 36 inches clear width between walls, free of door swing and other obstructions. Toilet ~eats shall be not less than 17 inches nor more than 20 inches above the floor. Grab bars shall be provided at both sides or one side and rear of the toilet. Such grab bars shall be securely fastened to support a load of not less than 250 pounds. They shall have an outside diameter of 1V2 inches and shall have 1 ~ inches clearance from walls and partitions. ^. A horizontal grab bar shall be mounted so that the lowest point is ten (10) inches above the toilet seat, and extends not less than six (6) inches in front of the toilet bowl. Grab bar shall be not le~s than twelve inches long. B. A vertical grab bar shall be mounted 12 inches from the front of the toilet bowl extending from 12 inches above the height of the toilet seat to 30 inches above the toilet seat. 2. Urinals. When provided, urinals shall have a clear access width of not less than 31 inches. The front lip of the bowl of wail-mounted urinals shall be not more than 18 inches above the floor. 29 : '" : ' SBC 201 ~IN.NESOT& STAT~ 3. Lavatories. Lavatories shall have a clear access width of not less than 31 inches, clear height of not less than 29 inches to the bottom of the fixture apron, clear heigl~t of not more than 34 inches to the rim of the fixture, and a clear depth of not less than 12 inches under the fixture exclusive of bowl and waste pipe. The water control valves shall have lever handles. 4. Bathtubs. When provided, and shower is not furnished, the bathtub shall be equipped with a flexible hose hand shower not legs than six (6) feet in length, and a vertical height adjustment bar for the shower head of not less than four (4) feet in length.' The bathtub shall have a seat, either folding, retractable or fLxed, not less than 17 inches nor more than 20 inches above the tub floor and not less than 15 inches deep, and of water-resistive material. Grab bars shall be provided at one side of the bathtub. Such grab bars shall be securely fastened to support a load of not less than 250 pounds. They shall have an outside diameter of 1 ½ inches and shall have 1 ~ inches clearance from walls and partitions. A. A horizontal grab bar shall be mounted not less than four (4) inches nor more than six (6) inches above the rim of the bathtub. Grab bar shall be not less than 36 inches long. B. A vertical grab bar shall be mounted 30 inches from the end of the tub extending from a height of nine (9) inches to a height of three (3) feet six (6) inches above the rim of the tub. Water valves shall be single lever control, and shall be accessible from the scat. 5. Showers. When provided, the shower stall shall be accessible for the hand;~capped with a lip or curb at entry no hig?~," than ~/5 inch above the floor of room or stall. The shower stall shall have a seat, either folding, retractable or fixed, not less than 17 inches nor more than 20 inches above they shower floor, and not less than 15 inches deep, and of water-resistive material. Grab bars shall be provided at two (2) sides of the shower compart- ment. Such grab bars shall be securely fastened to support a load of not less than 250 pounds. They shall have an outside diameter of 1~/~ inches and shall have 1~5 inches clearance from walls and partitions. A. A vertical grab bar shall be mounted on the wall opposit.e the seat extending from a height of three (3) feet to a height of five (5) feet above the floor of the shower. B. A horizontal grab bar shall be mmmted on t?~: wall adjacent to the seat ten (10) inches above the seat. Grab bar shall be not less than 18 inches long. Water valves shall be single lever control and shall be accessible from the seat. 6. Kitchen Sinks. When provided, kitchen sinks shall have a clear access width of not less than 31 inches, clear height of not less than 29 inches to the bottom of the fixture apron, clear height of not more than 34 inches to the rim'of the fixture, and clear depth of not less than 12 inches under the fLxture exclusive of bowl and waste pipe. The water control valves shall have lever handles; : 30 CODE $D4~ 201 Table 55-A Sanitation Facilities for the I~ndic~pped llumber of Dwelling Units/ Guest Rooms in Bulldtng Humber of I~lling Units/Gues: 0- ? 0 8- 39 1 40- 59 2 60- 79 3 80- 99 4 140 * 159 7 160 - 179 8 180 - 1~9 g ~00 - 10 plus I per' each 50 · t~ntt, s exceedt~ 200 UBC 5504 Othee Facilities, (a) Kitchen Facilities. In dwelling units in which sanitation facilities for the handicapped are required, kitchen facilities shall be provided as follows: 1. Space. Clear space o[ not less than five (5) feet measured between walls, cabinets, appliances, or other obstructions shall be provided. Where cabinets have a base toe space of not less than six (6) inches deep and 83/4 inches high, the clear space may be measured from such toe space. 2. Range Controls. Range control handles shall be locat~xt at the front or side of the range. 3. Work Space. Work space shall have a clear access width of not less than 31 inches, clear height of not less than 29 inches to the bottom, clear height of not more than 34 inches to the top, and clear depth of not less than 12 inches under the work space. The work space shall have not less than four (4) square feet of area with a minimum dimension o£ 24 inches. It may be f~xed, folding, or retractable. 31 . ~BG 'vOl ~OTA -~rA~ (b) Toilet Room Accessories. 1. IMirror and/or Shelves. Where mirrors and/or shelves are pro- vided, at least one shall be mounted so that the bottom is no higher than 40 inches above the floor. 2. Towel Racks, Dispensers, ]Disposal Units. Where wall-mounted towel racks, dispensers, waste disposal containers or similar appliances are provided, at least one of each shall be mounted so that working height is no higher than ,40 inches above the floor, and shall be free of interference by grab bars or other appliances or fixtures. UBC 5505 Viewing Positions in Assembly Occupancies. (a) Accessibility. Viewing positions required in this section shall be accessible for the handicapped by walk, ramp, or elevator, or combination thereof, through principle entrance. (b) Number. Performance viewing positions in assembly occupancies with fi-xed seating shall be provided in accordance wittx Table 55-B. (c) Space Requirements. One of the following shall be provided: 1. Clear spaces free of fixed or portable seats, or with removable fixed seats. 2. Spaces with readUy removable portable seats. (d) Location. Viewing positions shall be located at the main floor. (e) Floor Surface. Viewing positions shall have level floor surfaces. Table 55-B · Viewing Positions Y, otion Picture Auditoriums OccUpant Load Minimum¥tewing Positions 500 and Less 4 0ve~ 500 8 BUI LDI ,"~G COBl~ TABLE 55B (cont.) Other Assembly Occupancies 500 and Less 4 50l - 1,O00 12 1,001 - 1,500 16 Over 1,500 16 plus ] per 500 additional UBC 5506 Controls and ElectricalSwitche~. (a) Helght. The top of controls for elevator controls, thermostat.a, manual fire alarms, and similar equipment in all buildings regulated by this chapter and electrical switches and receptacles in dwelling units regmlated by this chapter shall be no higher thax~ five (5) feet above the floor. UBC 5507 Identification. (a) Where Required. Spaces normally used by the general public, shall have tactile identification, such as raised or recessed letters, labels, or plaques. The tactile identification shall not be less than tour (4) feet six (6) inches nor more than five (5) feet six (6) inches above the floor, mounted on the wall adjacent to the door of the space identified, on the side nearest the door handle. Co) Floor Numbers at Elevators. Floor numbers shall be tactily identified for the visually handicapped by raised or recessed numbers attached to the elevator door jamb at each floor, not less than three (3) feet six (6) inches nor more than tour (4) feet six (6) inches in height above the floor. (c) Elevator ConSols. Elevator controls shall have tactiIe identification by raised or recessed letters, labels, or plaques. (d) Door Hand]es. Doors' to stairs other than exit stair~, loading plat- forms, boiler rooms, stages, and doors serving other: ~zardous locations shall have knurled or similarly marked door handles. UBC 5508 Figures. Figures 55-1 through 55-18 of this chapter axe illustrative only. See appropriate chapter sections for specific provisions. CITY OF MOUND Mound, Minnesota January 19, 1978 COUNCIL MEMORANDUM NO. 78-21 TO: FROM: SUBJECT: The Honorable Mayor and City Council The City Manager Tax Forfeit Land On Council Memorandum 77-331 (Page 1039) in November, the City Council considered and denied a request of Mr. P. Henry to release Lots 5 and 6, Block 28, Whipple, for sale. In January, we were advised that Mr. Henry had expanded his house on Lots 14 and 15, Block 28 -~permit~- and his construction en croached onto Lot 6. ~~ The Building Inspector has inspected the premises and found the con- struction to meet the building code. However, it does not meet the setbacks of the Zoning Ordinance. Mr. Henry is requesting that all or part of Lots 6 and 7 be released so he can purchase them. If the Council wishes to release all or part of the lots, it probably would be better, under these circumstances, to purchase the lots and resell them to Henry. · This will be listed for consideration on January 24th. L. Kopp ' ~ tV. I/~ ' 25," T. II R. 24 SEC, 24,TII~R.Z4 A :: '.".'~, ""h ORUMM 2 ' ? MiivN£T ~...-7. ~ AKE Plat of Sur~ey for Paul A. Henry of L~ts lA and 15, Block 28, W~ippla H~.nnepln County, Minnesota "1 o Su Ict,-o ~e Rood Certificate of S~u-vey: I hereby ce.r.ti_~ that this is a"~tru~ and correct representation of a survey of th~ boundaries of Lots lyf and 15, Block 28, Whipple, the loca- tion of all existing b~ldings thereon. It does not pur~rt to shou other imorovgm~nts or encroschm~nts. Scale: 1" = 30' ~te : 1.0-12-77 o : Iron marker Land Surveyor and Plar~ncr Long Lake, Minnesota ATTORNEY AT LAW 1503 WASHINGTON AVENUE SOUTH MINNEAPOLIS. MINNESOTA 55454 612/333-5419 January 3, 1978 Leonard L. Kopp Mound City Manager 5341Maywood Road Mound, MN 55364 RE: Paul A. Henry and Lot 6, Block 28, Whipple. Dear Mr. Kopp: Mr. Henry contacted me recently concerning his property located in Mound,(Lots 14 and 15, Block 28, Whipple). His problem is two-fold. First of all, Mr. Henry built an] addition to his home without obtaining a building permit. He evidently attempted to obtain one, but he did not pursue the effort. He deeply regrets his action in this regard but he has assurred me that everything is above code and of course will allow the building inspector free and easy access to inspect the addition. Beyond this, Mr. Henry has a problem with how the addition sits on his lot. The lot was surveyed before he bought it and unfortunately, the surveyor placed the lot lines erroneously. After the addition was built, Mr. Henry again had his lots surveyed and discovered that the addition was too close to Lot 7 and actually jutted into Lot 6, 4', 1" Lot 7 is owned by a private party who is willing to sell it to Mr. Henry Lot 6 is land-locked and may be low and was acquired by the city. Mr. Henry would like to purchase all of Lot 6 or the alternative 20' of the lot. I am enclosing a survey of Mr. Henry's lot and a letter from Mr. Kopp to the City Counsel concerning Lot 6. Again, Mr. Henry wishes to apologize for his actions. Thanking you in advance for your consideration, I remain, Very truly yours, TIMOTHY L. PIEPKORN TLP:emf ATTORNEY AT LAW 1503 WASHINGTON AVENUE SOUTH MINNEAPOLIS. MINNESOTA 55454 612/333.5419 January 16, 1978 Leonard Kopp Mound City Manager Mound, MN 55364 RE: Paul A. Henry Dear Leonard: I have explained to Mr. Henry that I cannot continue to represent him due to the conflict of interest this would cause. He understands, and further actions on his part are without my advice. Very truly yours, TIMOTHY L. PIEPKORN TLP:emf CITY OF MOUND Mound, Minnesota January 19, 1978. COUNCIL MEMORANDUM NO. 78-20 TO: FROM: SUBJECT: The Honorable Mayor and City Council The City Manager Sidewalk Replacement Report Addendum Attached is an addendum to the Sidewalk Replacement report the Council received in October 1977 with Council Memorandum 77-311. The attached addendum includes a new piece of sidewalk on Lynwood from Commerce Boulevard west to the apartments. In order to move forward with the entire sidewalk project, the Council will have to call a public hearing on the project if any part of it is to be assessed. ; It is recommended the public hearing be held soon so plans and speci- fications can be drawn and bids can be taken early in 1978. ~_~/-~e~nard L. Kopp ADDENDUM TO PRELIMINARY ENGINEERING REPORT SIDEWALK REPLACEMENT CITY OF MOUND, MINNESOTA New Sidewalk South Side of Lynwood Boulevard from Super America West to Apartment Building January, 1978 GENERAL This addendum to the Preliminary Engineering Report on sidewalk replacement will describe the possible location, estimated cost and feasibility of a sidewalk on the south side of Lynwood Boulevard from the Super America Store to the apartments. The proposed sidewalk is shown on the sketch attached to the addendum. LOCATION The proposed sidewalk will be five feet wide and will generally be located four feet behind the curb, however because of the slope of the ground and the existing steps on the sidewalk from the first apartment building west of Super America to the street, the new sidewalk in this area will be adjacent to the street curb. Lynwood Boulevard in this area has a 50 foot right of way with slightly less than five feet of right of way on the south side of the street between the back of curb and the right of way line. In this five feet, there are three power poles. Approximately ten feet behind the curb there is a hedge for almost the entire length of the proposed sidewalk. This hedge will have to be trimmed back if the sidewalk is constructed as proposed herein. EASEMENTS A five foot permanent easement will be required in order to construct the sidewalk as proposed. --1-- ESTIMATED COST The estimated cost of the proposed sidewalk is $1,400. The estimated cost includes estimated 1978 construction costs, plus 15% for engineering, legal, fiscal, and ad- ministrative costs. No costs are included for land ac- quisition. If the City has to pay for the easement, the cost would be assessed back to the property owner. ASSESSMENTS Sidewalk improvements are assessed to the property abutting the improvement on a front foot basis. The es- timated assessment for this project is $6.67 per foot. CONCLUSIONS AND RECOMMENDATIONS It is the opinion of the Engineer that the proposed project is feasible and can best be accomplished as des- cribed herein. COST ESTIMATE Sidewalk on South Side of Lynwood Boulevard from Super America to 2nd Apartment ITEM QUANTITY Construct Concrete Sidewalk 1050 S.F. Contingencies Total Estimated Construction Cost Engineering, legal, fiscal, and administrative costs ESTIMATED UNIT PRICE $ 1.00/SF TOTAL $ 1,050.00 $ 150.00 TOTAL ESTIMATED COST ................ $ $ 1,200.00 $ 200.00 1,400.00 Note: Estimated cost per foot is $6.67 CITY OF MOUND Mound, Minnesota January 19, 1978 COUNCIL MEMORANDUM NO. 78-22 TO: FROM: SUBJECT: The Honorable Mayor and City Council The City Manager Request for Water, Sewer and Street Sometime ago the owners of Lots 22, 23, 24, 25 and 26, Block 11, Seton, requested that water, sewer and street be constructed to his property. The Engineer has investigated this request and his report is attached. The map attached shows the property owned by the petitioner. The yellow shows the streets to be constructed in 1978. The determination that the Council must make is: 1. Do they wish to do the project? If yes, should it be done with the 1978 work or be a separate project? Since there is water and sewer as well as the street involved, it is felt that this should be separated from the 1978 project. The only buildings on Block 11 are on Lots 36 and 37; the rest of the block is vacant. After Hours Pi]: 1-672-566-1627 Office Pi]: A. ar Realty Construction 4831 LYNDALE AVENUE NO., MPLS., MN 55430 We Buy, Sell, Trade, List, Residential, Industrial Properties & Businesses Without Any Charge Until Sold COAST TO COAST WE HAVE AGENTS IN: Albert Lea Mankato Alexandria Maple Grove Anoka Milaca Askov Montgomery Barrett Orr Belle Plaine Paynesvi.lle Bemidji Princeton Braham Rockford Clear Lake Royaiton Clearbrook St. Cloud Forest Lake St. James Grandy Wyoming & Hastings Other Areas Henderson CALL MPLS. OFFICE FOR PHONES December 20, 1977 Leonard L. Kopp City of Mound 53~I Maywood Rd. Mound, Minnesota 5536& Dear Mr. Kopp: As per your council memorandum no. 77-352 dated December 8, 1977. You have stated in this memorandum that I am the owner of Lots 22 through 26, Block 11, Seton. Please be advised, as per my previous correspondence, that I am also the owner of Lbt 21, Block 11, Seton. Please keep me advised in this matter. Thank you and have a good day. Sincerely C~'-..(7¢.%~. ~, ~'-t._~-. S. Amar SA/lZd CC: File AMAR A Bonded Broker of Businesses, Resorts, Farms, Lake Homes, Commercial & Apt. Buildings INC. January 9, 1978 Mr. Leonard Kopp City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 Subject: Request for Sewer, Water, and Street Lots 22, 23, 24, 25, and 26, Block 11, Seton Dear Mr. Kopp: As requested, we have briefly looked at the feasibility of providing sewer, water, and street to Lots 22, 23, 24, 25, and 26, Block 11, Seton. There are two ways of providing the sewer and water service. The first is from Carlow Road and Kings Place and the second is from Kerry Lane and Kildare Lane. We believe the best method would be to bring the sewer, water, and street in from Kerry Lane for the following reasons: 1. Kings Place is very low and we believe the soils in this area would make any construction here quite expensive. 2. By constructing the sewer, water, and street on Kildare from Kerry Lane, Lots 27 through 32, Block 11, which are buildable lots would be served, whereas if the sewer, water, and street were to be built on Kings Place,only Lots 24, 25, and 26, Block 11 would be served~ Block 13 is presently served from Carlow Road. In summary, Lots 22, 23, 24, 25, and 26, block 11 could be served with sewer, water, and street from Carlow or from Kerry Lane, but we feel the most feasible method is from Kerry Lane. 12805 OLSON MEMORIAL HIGHWAY, MINNEAPOLIS, MINNESOTA 55441 TELEPHONE {612) 559-3700 22 NORTH MAIN STREET, HUTCHINSON, MINNESOTA 55350 TELEPHONE (612) 879-8029 SOUTHWEST ENGINEERING DIVISION, MARSHALL, MINNESOTA 56258 TELEPHONE (507) 532-5820 Mr. Leonard Kopp January 9, 1978 Page Two There will be considerable excavation necessary to get a satisfactory street grade in either alternative and slope easements will be required from the adjacent property owners. A very preliminary estimate of the cost of the sewer, water, and street on Kildare from Kerry to Lot 25, Block 11 is $ 28,000. Without taking soil borings it is not possible to estimate the cost of the other alternative. If you have any question on this or need additional information, please call. Very truly yours, McCOMBS-KNUTSON ASSOCIATES, INC. Swanson, P.E. LS:sw LAFAYETTE AVE. 10 7 ANE ROAD 30~qd J O~ 0 ~0-] \ CITY OF MOUND Mound, Minnesota January 19, 1978 COUNCIL MEMORANDUM NO. 78-17 TO: FROM: SUBJECT: The Honorable Mayor and City Council The City Manager Commission Appointments The Council has held over the appointments to the following committees: Planning Commission: Expired terms of Gerald Smith and Cklair Hesse and the resigned terms of Louis Overdeck and Frank Weiland. Terms to be appointed are: 3 Year Term expiring January 1, 1981 3 Year Term expiring January 1, 1981 3 Year Term expiring January 1, 1981 2 Year Term expiring January 1, 1980 Park Commission: Three (three year) terms are to be filled until "~~January 1, 1981. These have been filled by Tony Case Del Johnson. and Sandra Smith who has resigned. ~~ ~ ~_~man Rights Commission: Three terms have expired. Two seats were ~ L~ ~ S~ and Sandra Andrews. The terms are for three years and expire December 31, 1980. Youth Commission: Two seats are open for the places of Carolyn' Donahue and John Fitzgerald, both of whom have resigned. These are for three year terms. West Hennepin Human Services Commission: A two year term on the West Hennepin Human Services Board. This seat has been held previously by Charles Peterson. Western Area Fire Training Center: The Council held off on making the reappointments for this Agency until January 24th. Note: Barry Koepke called on January 19, 1978 and asked that his apologies be sent to the Council since he was unable to attend the Wednesday night meeting. ~/ ~eonard L. Kopp ' ~/ CITY OF MOUND Mound, Minnesota January 19, 1978 COUNCIL MEMORANDUM NO. 78-18 TO: FROM: SUBJECT: The Honorable Mayor and City Council The City Manager Taxicab Licenses - Renewal Renewal application has been received for licensing of three taxicabs to operate in Mound from the Town Taxi Company. Attached is a copy of the investigative report from the Police Depart- ment. ~eeo~ard L. Kopp % \ / ON LAKE I~,'IINNETON['(A INDIAN BURIAL MOUNDS 5341 MAYWOOD ROAD TELEPHONE MOUND, MINNESOTA 55364 (612) 472-1155 January 19, 1978 TO: FROM: SUBJECT: Leonard Kopp - City Manager Charles Johnson - Chief of Police Town Taxi License Application Attached is investigative report pertaining to the license application of Town Tax~ for 1978. Respectfully, Cha rl~s 'Johns on Chief of Police 238 ON LAKE MINNE~'ONKA INDIAN BURIAL. MOUNDI~ 5341 MAYWOOD ROAD TELEPHONE MOUND, MINNESOTA 55364 (612) 472-1155 January 18, 1978 TO: FROM: SUBJECT: Charles Johnson - Chief of Police Detective Hartigan Inspection of Town Taxi vehicles & drivers On Tuesday, 1-17-78 Detective Hartigan inspected three vehicles belonging to Town Taxi Co. Vehicles #37, #40, and #44. Vehicle #~7 is a 1975 Ford sedan, license number DUY379, was found to be'in good mechanical condition. The driver of the vehicle was Joyce Sundberg. A check of her drivers license indicated she has a valid class C license. She has had one speeding ticket on 10-14-77. The second vehicle inspected was number 40. This is a 1973 Ford sedan, license number DQM053. An equipment check on this vehicle indicated that it was in good mechanical condition. The driver of this vehicle was Myron Sundberg. A check of his drive=s license indicated he has a valid Class A license. His driving record indicated a speeding charge on 7-17-76. The third vehicle inspected was #44. This is a 1972 Ford sedan, license BTX205. The equipment check showed this vehicle to be in good mechanical order. The driver of this vehicle is Russell Paul Lueck. A check was done on Mr. Leuck's drivers license and this indicated that he had a valid class C license. His record indicated: 1-28-73 tagged for no DL in possession; 1-27-74 tagged for improper U-turn; 2-10-74 tagged for speed; and on 3-17-74 tagged for no DL in possession. A check was also conducted on the insurance coverage for Town Taxi. The agent handling this insurance is Roger Hanauer, phone 429-5305. The insurance policy covering Town Taxi is good until July 1, 1979. Detective Robert Hartigan Ann. License Fee $15.00 First Cab Others 10.00 Payable with application. TAXICAB LICENSE APPLICATION Name Address Town Taxi Co., Inc. 7440 Oxford Street, St. Louis Park, MN. Date of Application 55426 Jan. l_2, J978 Class of Vehicle see attached list (A~facn" list~ '~f needed) Length of time vehicle has been in use I to 3 years Carryiug CapacitY~s License ¥~ke of Car Engine No. Serial No. Is above car mortgaged? Amount of Mortgage no lfame of Mortgagee L~/~' '~'~)Yce 5.und.berg }:[older of ~g'a.1 ~±¢].e ~1- ~¥u~sssrOe~j bjL.Uunedcl~erg .... Is Vehicle Leased Licensed Or under any form of contract per- mitted %o be used and operated by some other person tha-n the one holdinglegal title thereto? No ~at person, firm or corporation collects the revenues from operation of above cab? 37- Joyce Sund~rg; 40- Myron Sundberg; 44- Russell Lueck .. What person, fir:~ or corporation pays the expenses of operating above cab? 40- Myron Su. ndbe~g; 44- Russell Lueck ~ . 75 cent flag drop; I 0 cents every l/6mile $6.00 per hour waiting time. Proposed ]]ours and Dqys of Service: 24 hours per day, 365 days Ret year This is a true and correct Subscribed and sworn to before me this statement to the best of my 'knowledge. Town Taxi Co., Inc. -'~pli6ant dlenn R. Bierbrau~r 4~q __ Vice- Pres;dent ..~ 7440 OXFORD STREET ST. LOUIS PARK. MINN. 55426 PHONE: 935 - 0340 CAB # YR., MAKE, STYLE SE RIAL # 37 1975 Ford Sedan 5P63AI55255 40 1973 Ford Sedan 3P53HI68436 44 1972 Ford Sedan 2G53H210356 LICENSE # DUY 379 DQM 053 BTX 205 236 CITY OF MOUND Mound, Minnesota January 19, 1978 COUNCIL MEMORANDUM NO. 78-19 TO: The Honorable Mayor and City Council FROM: The City Manager SUBJECT: DWI Legislation Attached is a copy of a memorandum from the Police Chief relative to DWI Legislation that is before the Legislature. The Police Chief has recommended that the Council by resolution support the Legislation in Senate File 865 and House File 1381. --LeQnard L. Kopp , v ON LAKE MINNETONKA 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 INDIAN BURIAL MOUNDB TELEPHONE (612) 472-1155 January 16, 1978 TO: FROM: SUBJECT: Leonard'Kopp - City Manager Charles Johnson - Chief of Police DWI arrest information - HF1381 - SF865 Attached is a newsletter from Forest Lowery, Project Director of the Hennepin County Alcohol Safety Action Project (ASAP), an editorial opinion appearing in the December 13, 1977 Minneapolis Star, a summary of the Sena{e and House bills designed to increase DWI arrests and decrease the cost to tax payers for these arrests, and copies of Senate bill SF865 and House bill HF1381. Ixvholeheartedly support these bills and see them as being useful in cutting costs to the city taxpayer for police service as it relates to DWI arrests, and more importantly, providing the funds to more agressively work and program to decrease the number of DWI drivers and the problems they cause for themselves, their families, and the community. I would recommend that the city council pass a resolution supporting these bills and forward them to our S f~Ye--I-e-~g ~ s'~l-a-l-ur e S. In 1977 we made 44 DWI arrests in Mound and each required prosecution. Based on the proposed reimbursement formula, this would have provided $ll,000 reimbursement to off-set the cost of DWI enforcement. With additional patrolmen available in 1978 it is anticipated DWI arrests will increase, thereby providing even greater reimbursement in the future. Additionally, the cost to municipalities in 1978 for those people sentenced to the county jail is $33 per day. The $25 per day reimbursement for those individuals sentenced to jail for DWI would even greater reduce the cost of this problem. Respectfully, /' "~ " ' ~ \/' './...7/ Char[es Jb'tins on Chief of Police H NN P N C. OUNTY' 625 Second Avenue South Minneapolis, Minnesota 55402 612 338-4756 Winter ~ 1977-78 To Anybody Interested - "TAKE THE DRUNKEN DRIVER OFF THE PROPERTY TAXPAYER'S BACK." That's what a bill in the current Minnesota Legislature would do. . It's HF 1381 - SF 865 and the enclosed summary will tell you what it's all about. It breaks new ground in controlling drunken driving. (See attached article from the Editorial- Opinion page of the Minneapolis Star, December 13, 1977.) If you'd like a detailed commentary/explanation of it and a copy of the bill itself: let me know. Then~(or before then) let your legislators know how you' feel about it! Support from the following--as groups or indivlduals--will be needed: Local officials who budget for control of drunken drivers Motorists who share the road with drunken drivers Pedestrians who cross streets used by drunken drivers Police officers who must arrest drunken drivers Chemical dependency workers who repair drunken drivers TAXPAYERS WHO PAY FOR ALL OF THE ABOVE. Please do something. Like calling or writing your legislators. Like asking your local officials and others to do the same. Forst Lowery Project Director 233 the mlnneapolia star Dr{nk tax would finance handling of drunken drivers. By STEPHEN ALNES . The Star's Ediiorlal Editor A proposal to make drinkers pay the costs of dealing with drunken drivers was introduced in the last session of the Minne- sota Legislature and will be up for consid- eration in the next session. What it would probably mean is that most drinks bought in a bar would cost . about a nickel more. The proceeds would be used to reimburse government for,the costs of arresting, suspected drunk drivers, . nrosecuting them, paying public defend- ~rs, presentence assessments, jall terms and detoxification services. ] The tax would not actually be. imposed by the drink. Rather if would be' imposed on the gross receipts of wholesalers from their sales to on-sale establishments. The tax would be imposed at the rate of 5 cents an ounce Of distilled liquor, 5 cents, per 12 ounces of beer and 5 cents per 4 ounces of xvine. .' The assumption, of course, is that the ~n-sale establishments would pass that ad- ditional cost through to the imbiber at the same. rate. The proceeds would be about $23 million a year. Sponsors of the legislation ~re Reps. John Arlandson, DFL-Golden 'galley; Rob- err Ellingson, DFL-Brooklyn Center; Ar- nold Kempe, DFL-West St. Patti; Ken Nel- son, DFL-Minneapolis, and Raymond Al- brecht, IR-Brownto.n, and'$en~. David Schaaf, DFL-Fridley, and Robert Benedict, DFL-Bloomington. , But much of the rationale for the bill was developed by Forst Lowery, who is director of the Hennepin County Alcohol Safety Action Project. lie says it cost Min- nes~a taxpayers inore than $11 million last year to try to control drunken drivers. "It was ~ modest effort, /note effective than,moSt other states' programs, but short of what's needed to approach cbn- trol," he says. "We arrested fewer than one percent of the drunks on the road at any given time." ' He says Minnesota has.good laws deal- ing with drunk driving and the bill xvouldn't. ,, . change, them.. ~' ' as shift the ex,,sting costs of contromng [h'dMrunken dfi;,er ~r°m tp~ payer ~-q%~-~.55;Z ' t h~b'F,~ q'6~~ sumers ot on-sale al,::,, ~.)hc beverages_.' It Would also"incre/~, mnount of-en- forcement which com,-c,anities can afford. The proceeds of the tn× would be appro- priated to the state commissione:- of public safety, who would distribute it to state, county Or municipal governments which provide various services in the enforce- ment of drunk driving laws. For exam-lo each v_overnmental unit · w8ul'd receive ~~~ ~ri:est it'makes.' oL-b-~:~i-y explains'that ar_- 5[stifig di'unke~ drivers is a time-consum- ing, complicated and hence costly kind of police work. A DWI arrest involves, among other things, patrolling to observe driving actions which indicate possible DWI, stopping a suspected driver, prelimi- nary testing or observation to substantiate arrest, arrest, arranging for protection of the suspect's car through towing or other disposition, informing the suspect of.the meaning of the implied consent law and of' rights involving testing, makiftg or arrang- lng for tjests, booking, detaining when ap'- propriate, checking driving and criminal records for prior offenses and.outstanding warrants and of course the preparation ot all of the reports and verifications re- quired; A DWI arrest takes m6~e tim~ ahd vast-. ly more paper than most felony arrests, L6Wery says. In 1974 the direct labor cost for the time of arresting officers was $123, he adds. The bill also would provide $100 to the_ iffr}'sdictioh handtin~ 'the Pfbs~'TfiTon~ ~-gl'~ ~~'&~e' ih~g-~he public defend- er, $35 for each presentence investigation or assessment of problem drinking, $25 for each day of inca,'-'eration of the~ qtoh centers and b.i:.; per hour for police extra-duty tim~ ~pbiit on drunk~~-' Funds also would be provided to the at- torney general tO meet costs of represent- ing the state in some cases, to reimbui'se departments, agencies or facilities for edu- cation, treatment and rehabilitation, to the driver license and motor vehicle license programs for services directly related to alcohol oi' drug related violations, to help finance some activities of the Bureau of Criminal ApprehenSion, for an information and education program dealing with drunk- driving, to conduct regional ~nd statewide training conrses and seminars, and so on. The estimated cost the first year would be: about $19 million. '. . "If somebo.dy wants to call this a bounty- system," says Lowery, "it may very well be a good description. It's h'ard to think of a re'ore deserving species to' put a bounty on than drunken drivers, or a better source of funds to pay the .bounty than a nickel-a-. 'drink bar tax." ' .. 232. Summary S. F. 865 (Schaaf, Benedict) H. F. 1381 (Arlandson, Ellingson, A. Kempe', K. Nelson, Albrecht) Purpose: To shift costs of controlling drunken drivers from general- tax funds to consumers of on-sale alcoholic beverages; to increase drunken driving arrests and provide for costs of increased drunken driver control, including education and rehabilitation programs. Taxes at wholesale, alcoholic beverages for re-sale by the drink at the equivalent of "a nickel a drink". Reimburses government units for drunk driving control services at rate Of $%50 per DWI arrest; $100 per prosecution; $100 per public defender case; $85 per presentence alcohol problem assessment; $25 per day of jail; $50 per day of detox; $15 per hour of extra-duty police patrolling for DWI. Pays for following existing drunk driving control costs and antioipated increases with increased arrests: Department of Public Safety and Attorney General alcohol-related traffic functions -- implied consent hearings -- drivers license actions -- Bureau of Criminal Apprehension chemical testing and training -- information and edUcation. ~ ... · New programs: Training and coordination seminars for those dealing ~th alcohol-traffic problems. Grants to counties and municipalities for DWI prevention and control programs Also provides: "Client fee" for rehabilitation and probation monitoring to be paid for by offender--Payment by state for indigents. Payment for extended or inpatient treatment up to $750 if no other source of non-public payment Revenue: $28 million annually Cost: assum{hg 80,000 DWI arrests $19 million first year, Motor Vehicle Deaths ......... 1974 1975 1976 U.S. [46,200 46,000 ~7,100 Minnesota 852 777 807 ~ '." ~ Half of all motor vehicle deaths are alcohol related. Based on half of the deaths above, alcohol related traffic accident cost estimates are: 1974 '. 1975 1976 U.S. $ 8,816,000,000 Minnesota $ 158,860,000 10,580,000,000 178,710,000 10,833,000,000 185,610,000 231 Re: S.F. 855 (Sehaaf, Benedict) H.F. 1381 (Arlandson, Ellingson, A. Kempe, K. Nelson,.Albrecht) Prepared March 4, 1977, Reproduced August 15, 1§77 Commentary on drunk driving control cost shift bill. PURPOSES The purposes of this bill are to: Shift the existing costs of controlling the drunken driver (about $11 million at present level of enforcement) from 'the general taxpayer who pa~s those costs now, to consumers of on-sale alcoholic beverages· Increase the amount of drunken driving law enforcement which communities can afford to conduct. In addition to paying for~presen~ costs (prosecution, public defender, pre- sentence alcoholism assessments, jail, treatment for indigent, and. many other related drunken driver costs) this bill anticipates paying for the' higher costs which will-result as a greater proportion-' of the drunken driving population is arrested and comes into the system. Provide regional and statewide training and coordination programs for professional groups, such as police, probation officers, chemical dependency specialists, judges, prosecutors, defense attorneys, driver ~ducation teachers~and others, as well as seminars and workshops to.bring some of these specialties into communication with each other. Pay costs of those public employees attending. Provide communities and counties with the mesources to carry on their own prevention and education programs. SECTION 1 Establish offender fees for rehabilitation, with funds to pay for indigent cases only. This section establishes the ..basic s~s~.em and -- 2.3O And establishes the formu!~ for an excise ...... tax on the gross receipts from the sale of.-~ · ..... - liquor by wholesalers to retail dealers for The purpose of resale by the glass or by ~he"drink. The additional tax is at the rate of 5¢ per ounce of distilled liquor, 5¢ per 12 ounces of beer, and 5¢ par ~ ounces of wine. REVENUE SOURCE This is the equivalent of a nickel-a-drink Tax (although not collected per drink) or 5¢ per half-ounce of alcohol regardless ......... of the form of-the beverage. If the bar is pouring a bigger drink a proportionately higher Tax is being put on it; conversely, The buyer of a short beeb is being Taxed proportionately less. This, of course, assumes that The bar will raise the price of a-drink as their cost of materials increases, ~ust as their prices increase as their rent, fuel, or payroll costs increase. The question could be asked, why not tax all alcoholic beverages, but at a lower rate, -. whether bought through a bar by the drink Or -- off-sale by the bottle. There is no 'particular reason for not using that method, except that there is a mu6h closer prima faei~ assumption of bar sales being related to the drunken driver or pedestrian. The buyer of wine~, beer or 1. iquor for moderat~ home consumption who does not drive after drinking · and is therefore not a part of the problem might argue persuasively against this kind of special purpose tax. On the other hand, that same moderate social, drinker who is ........ not. giving any problem, is already, along with the non-drinker, paying for the costs of controlling the drunken driver~ because all. of us now bear.these costs as general Taxpayers whether we drink, or not.' ...... .-- Likewise it could be argued that not all buyers of on-sale dblnks are part of the problem · (although as general taxpayers 'they: too~ are WHY ON-SALE? -3- SECTION 2 A. (Numbering follows para- graph numbers i~ the Bill) DWI ARRESTS... paying now). So that the person who buys one or two drinks is going ~o..pay an extra nickel or dime~ but the buyer of 10 or 20 drinks is going to pay 50~ or a dollar and there is much more likelihood of'his in- vestment paying off in the form of his receiving the services this bill provides! Subd. 4 of Section 1 describes'the use proceeds of the tax. This use was described above, under "PURPOSE" and will be &xpanded on in the comments on'Sections 2 and B below. '. Section'2 appropriates the annual proceeds to the Commissioner of Public Safety, and directs the distmibution to state, county: or municipal governments providing various services in the enforcement of drunken driving laws om in the prevention of drunken.,. driving; Establishes in Department of Public safety- an office of alcohol and drug related traffic control programs to administer the program; C, Authorizes Commissioner to'adopt rules for administration ~f Section 2 and ~;-~'ii?Y~.~i..: ...~ D, Establishes a schedule of fixed fees 'per service rendered to be reimbursed to'the' .... 'state, county, 'Or municipa% governmental unit which incurred them, as follows: - (Conunent or argumentat'~on for each i~ "'. ['-"" included where needed.) -. . . - (1)..$150.for each drunken d~ivihg arrest.. .... - · ::'. '~ "~,-'- . Arresting drun~eh drivers is a time-con'suming, complicated and hence costly kind of poliep. work. A DWI arrest involves, among other. things,'patrolling to observe driving actions which indicate possible DWI, stopping a'..~ suspected ~driver, preliminary testing or: }...:.i'-.. .. observation to substantiate arres~ arres~ . . . arranging for protection of the suspect's car through towing or other disposition; informing the suspect of the meaning of the implied' consent law and of rights involving testing, .making o~.arranging for tests, booking, de-. .......... talning when appropr{ate~ checking driving and criminal records for prior offenses and out- '' · ' .'-22 -4- standing warrants, and of course the pre- paration of-all of the reports and venifieations. required of these steps in the DWI arrest process, A DWI arrest takes more time and ' vastly more paper than most felony.arrests, The actual time consumed by the arrest process itself--not including the patrolling to detect drunken driving--will average about lQ hours. ...TIME Number of patrolling hours (night-time) per CONSUMING DWI arrest varies.widely between departments with the most productive departments (or~ officers) making an arrest every six hours and the average department making a DWI arrest every t4 or 15 patrolling hours. In a metropolitan area in 1975 .the number of squad car miles driven per DWI arrest was 204. The above figures are for the kind of special .duty patrolling during prime. DWi hours (night-time between 9 p.m. and 3 a.m.) in which the officers had as their principal assignment the patrolling for drunken drivers, It can be argued, of course, that in'a general .__ duty patio!ling situation, the cost should be ascribed to other police actions and duties as well as to the DWI arrests which t~ke -place, and this is true.- The cost items of'i' COST PER -'officers time and .squad car miles identified DWI ARREST above are for the purpose of showing that $150 as the average cost of making,a'DWI . arrest is not' unreasonable. In 1974 the direct labor cost for arresting officers' time was $12S without including sflch items as squad car mileage or the overhead involved. in booking~ holding~ !e§~i~g, and supervision. ~. · If somebgdy wants to eal~ this a "bounty..' system" it may'very well be a good description. BOUNTIES? It's ha~d to think of a more deserving . species to put a bounty on than drunken .. drivers, or a better source of funds to . ~' pay the bounty than a nickel-a-drink bar tax, (2) $100 for providing prosecution services, The cost to the arresting community of providing prosecation of drunken driving. .......... ~ ...~ROSECUTION . .... cas~s..may ~ary, depending on whether the COSTS.. 'community employs a full time prosecutor for all criminal and misdemeanant cases it '227 -5- 'takes to court or whether'it contracts for prosecution services. Howaver~ an assessment of prosecution time spent on all DWI cases in a sampling of jurisdictions provides a base for establishing an equitable across-the-board reimbursement per drunken driving case prosecution, with consideration for the proportion of cases quickly and easily tried as well as those requiring more time and work. A reimbursement of $100 per charge brought seems reasonable. PUBLIC DEFENDER COSTS (3) $100 per public'defender case. The proportion.of public defender time spe~t on DWI cases has been determined from defenders' office logs. Setting a per- case-handled flat reimbursement fee~ such as for proseeutions~ is similarly done. Public defender costs~ in those-cases where counsel is prQ3ided to indigent defendant~m is $100 per case. (4) $35 per presentenee investigation or assess- ~ ment of problem drinking, Minnesota law now requires~ in virtually all ~ - cases~ a pres~ntence investigation to de~ , termine whether or not a person convicted of an alcohol related traffic offense has an alcohol problem and a~recommendation., to " the court or the drivers license authority PSI CUTS when ~ehabilitation or education is indicated. REPEATERS The cost of conducting such a presentence BY HALF~ alcohol· pboblems assessment is at present borne by the counties with the state reimbursing up to half of that cost. Thus the property tax payer and the income tax payer bear this- cost~ just as they do,the cost of enforcement. ...... It has been. shown that presentence investi- gation and referral to treatment or alcohol education programs cuts repeat offenses in half compared with conventional pe~ai'ties- ~lone. Since about 80% of our drunken driving problem involves people with a distinct~ identifiable~ treatable drinking problem rather than ordinary social drinkers who made a one-time mistake and were un- lucky enough to get caught at it~'doing pre- sentence alcohol problem assessments is very much worth doing. The total cost of --- ~ ....... .~. ........... -.~carr~ng on.this program should be shifted from the general taxpayer, PSI COSTS 'Presentence investigations to provide an alcohol problems assessment are not full- blown psychiatric or medical work-ups, nor are They the kind of full presentenee investigations That court personnel may be familiar with in felony cases. They can~ and are being done in an average of about one hour and at a cost of about $30. Costs may be somewhat higher than this where a small case load makes it necessary to contract for outside services or where other factors may be involved. A flat payment of $35 per presentence investigation conducted would reimburse counties for direct costs and would absorb some of the adminisTrative~ ~,~b]erical and overhead costs of this servmce. (S) $25 pem day of incarceration. Another direct cost To the general taxpayer which arises out of a conviction for drunken JAIL AS driving is that of paying for The keep of a DWI "CURE" person sentenced To jail. Heavy jail se'ntences a~e no longer seen as cure-all for the drunken driving problem. Across ~ The board mandatory jail for drunken driving -~ has shown no effect wher_ever~:., it has been Tried and has most often resulted in fewer convictions with no decrease in the amount of drunken driving ~ping on. Nevertheless, even Those people most deeply committed to rehabilitation of problem drinkers readi, ly .. acknowledge the role that. a jail sentence can have~ either as a sentencing alternative. to coerce acceptance of treatment or as a means of "getting the attention" of the hard core offender. In 'those cases where the STATE PAY court feels it is necessary to impose a-jail · JA-I-L-COST,~- , ...... sentence ~- it--seems ap"propriate to -take- the cost of incarceration, from the local taxpayer. Therefore it is proposed that the state ~'' reimburse for ~h'e cost of jail sentences''~ imposed on 'drunken 'drivers. · - .... (6). $50 per person/day "detox".. ................. ALCOHOL/PED- ESTRIA2I PROBLEM A somewhat neglected area of alcohol-re- lated traffic accidents and fatalities is the drunken pedestrian. Half of adult pedestrians killed.in traffic accidents have a-blood alcohol concentration.(BAC)..of.:-. ~. ~ .10 percent or higher, the BAC at which it is illegal to drive. Minnesota's receiving -7- DETOX AS TRAFFIC SAFETY MEASURE STATE PAY FOR OVERTIME DWI F. NFORCEMENT · centers for intoxicated persons, (often called "detox-centers") have, as part of their purpose, the protection of the intoxicated person against immediate harm. In addition, we should remember that a drunken pedestrian can and does quickly become a drunken driver if he can find his car and the keys. The "joke" about the. person who "had to drive because he was too drunk to walk" is too frequently tragically true. Ail or a share of the cost of operating these detox centers should be. shifted from the g~neral taxpayer and provided.for by state.payment to each such a eente~ of a fee per client received. (7) $150,000 to the Attorney General to meet costs of representing the state in legal actions concerning alcohol and drug related traffic laws. These are for the most part actions in which there is an appeal from drivers license revocations, either under 169.128 qTmplied Consent") or 169.127 (Revocation upon report of blood alcohol test showing '.10 percent of alcohol or highest). (8) $1S per hour of police extraLduty time drunken driving patrolling. Another specific way in which the state could assist local communities would be to provide on a flat per-hour basis,..funds w~th which communities would pay for extra duty service by their own police officers~ patrolling between 9 p.m. and 3 a.m. with the primary mission of preventing or arresting drunken drivers. Relatively small amounts of time ........ in. these peak..drunken~"driving hours can be .very productive. If forty-thousand patrol hours at $15 per hour state funding were' available on a basis Of population to lod'al communities and counties conducting traffic law enforcement, it would enable, for example, ~. a police department serving a population' of 5~,000 to put in an additional six officer- hours of'patrolling each Friday and Saturday night. This might be a good' time'to note that there are between twenty and thirty thousand drunken drivers on Minnesota roads ..... .~n~either a Friday or Saturday night.and an average of fewer than 150 are arrested on each of those nights. INCREASE WEEKEND NIGHT DWI PATROL 224 -8- (9) '$800~000 to reimburse loea!~ county or state departments~ ageneies~ or facilities for ~' edueation~ treatment, care, and rehabilitati6n'~. pursuant to Section 3. (Section 3 establishes a client fee of $100 per case for all but indigent clients, with this fund being drawn upon to pay that fee in the case of indigents and to pay up to $750 for longer term rehabilitation or care where there is no other non-public' sourc? of payment. T~is 'System ~i~l--Se described in more detail below~ under "Section 3".) Section 2 further provides that the Commissioner 'of Public Safety may use the Proceeds of the tax for aetivities~ programs and services of the Department of Public Safety which relate to prevention and control of drunken and drugged driving as follows: (Paragraph (a) $2~250~000 for drivers or motor v~hicle letters follow llcensin~ ae%ivities and services directly paragraphin~ relating to alcohol or drug related violations, in the bill) The amount stated here is a considered estimate of the proportion of drivers license division activity relating to control of drunken driving. Although numerically drivers license actions requiring entry on the record · involve more non-alcohol than alcohol-' r~lated entries~ the non-alcohol related cases require a minimum of time and work. Alcohol cases are complicated~ time-co~suming~ and take constant rechecking, monitoring~ liaison with courts and court-directed e~',..- ucation and rehabilitation programs. The Department is also charged with responsibilities DRIVERS LIcENsE under 169.127 which provides for administrative WORK COSTS ........ revoea-tion~ of-licens~'when a test shows~-~10 -. percent or higher blood alcohol concentration, and establishes limited licenses based on need to attend'rehabilitation programs or for other purposes. INFO AND EDUC .(b) :$750:000.to finance alcohol and other drug related activities of the Bureau of Criminal Apprehension. The.paragraph is self-explanatory. (c) $100:000 for information and education ' .~ , ........ , ...... programs dea-ling with drunken driving; materials and services. -9- (d) $60,000 to plan and conduct regional and statewide training and coordination seminars, courses and meetings for professional groups dealing with the problem. Self explanatory as to intent; argumentation favoring follows: TRAINING CROSS/JOB SEMINARS The state would sponsor and pay for alcohol/ traffic system regional training and coordin- ation programs to provide both specialized training for particular professional groups, such as police, probation officers., chemical dependency specialists, judges, prosecutors., defense attorneys, driver education teachers, and~others, as well as seminars and workshops which will'bring representatives ~of some of these different specialties into communication Qith each other. The value of this kind of cross-pollination was brought out in a series of eight backrto-back two-day workshops held in Duluth, Bemidji, ~ankato, Rochester, Alexandria, Marshall and two'in the Twin Cities metropolitan area. These workshops were conducted on a crash basis to familiarize · court personnel, including both probation officers and chemical dependency specialists, wi~h new. Minnesota laws effective July 1, 1976 providing for presentence investigations and license revocation upon report of a'.10 percent BAC but with broader limited license" possibilities. Driver license eva!uators and examiners had the same needs for -;!se same information and training,, so these personnel were seeded into the same workshops. The fall-out effect was a surprisingly quick dissipation of misunderstandings about driver licenses and the roles of the court and the department of public .safety, and the opening up. or-communication which has already resulted in improved handling of drunken driver cases by all concerned. (e) $40,000 to meet costs of attendance a~ programs in (d) above by appropriate governmental agency employees..~ LOCAL PROGRAM FUNDS. (f) $4 million ($2 million to Counties; $2 million to municipal) local and county governments to carry on independent programs to'aid prevention and control of alcohol and ~other drug related traffic'problems. Provides for the Department of Public Safety to administer distribution of the grants, -10- -. AIDTO ...... LOCAL PROGRAMS with amounts based on population of those a~plying, with cooperative county/munieipaI mlxes~of funds authorized. Those l&gislators and others who have grappled with the problem of drunken driving'have frequently heard expressed the need for "preventive" or "educational" programs ~ather than relying on waiting for people to violate the law and then trying to first 'catch them and later still, rehabilitate them. This may seem oversimplistic, relying on trying to dig out a deeply seated root cause of a social problem while allowing the problem itself to flourish while we week the cause. Nevertheless, loca% communities need The resources To carry on Their own prevention and control programs. Such pro- grams need not be limited to educational or informaTional'materia!s or programs. They could include such things ,~s police training, training of chemical depen~i~ency specialists for the court services department, improved deTox pick-up-facilities, police or re- habilitation equipment needs when they' are alcohol-related, such'as portable breath testing equipment or vans where they 'are ~ipped and used for drunken driving ..' ~nforeemenT. . ADMINISTRATION, DATA ANALYSIS, EVALUATION SECTION 3 CLIENT :FEE The'Bill provides that Department of Public '- Safety shall provide information about the availability of the grants and give assistance in planning for programs and applying for them. (g) $800,000 to meet~the cost of administering ...... - Secfiohs ~ and 3'by the office of alcohol and - drug related traffic control programs, in- eluding data collection and analysis, evaluation of program effectiveness and preparation of reports to the Commissioner of Public Safety and to the Legislature. Section 3 establishes, by adding a section. to Chapter 169 (169.128) a system, of requiring violators, or those enrolling in rehabilitation or education programs in order to qualify for a limited license under 159.127, to pay a dlient fee of $100 to cover ~ll or part ~ -11- -as well as the necessary cost of monitoring their attendance and related probation services. Under Section 2 above there was authomized $800,000 from the proceeds of the tax to pay that fee in the case of indiEents~ and Subd 2 of Section S specified the conditions undem which the $100 is not charEed the offender but is paid to the governmental agency providing the education or rehabilitation and monitoring service. Subd. 3 provides that where offenders are deemed to have a chemical dependency or alcoholism-problem that should receive longer term or in-patient care and there is no other non-public source bf payment that the Department of Public Safety shall re-imburse for the actual cost of such treatment up.to a maximum of $750 for each case in which the service is provided. 'BASES OF ESTIMATES REVENUE In the preparation of various cost and revenue estimates for this bill the following bases have been used: 1. Pmesent case load (20~000 DWI arrests~ 1§76; projected 30~000 for 1977 {f this Bill enacted). 2. Experience where actual experience'data is. available~ best estimates from best soUrces where not. 3. Ihformation from appropriate agencies with full understanding that providing the ~nformation on existing or projected costs did not ~mply endorse~ent~f th~ ~. Calculations of proportion of offenders being directed to various treatment programs or incarceration. '- 5. Calculation of all i~digency-based figures at-20% of the incoming caseload. This is turn~ is'based on public defender vs all defendants .... Revenue estimate~ although it is not included in the Bill itself: Annually~ $23 million, based on authoritative estimate of a minimum of 25% of alcoholic- -12. COSTS 'beverages being sold on-sale. Total cost estimate, programs authorized by the Bill~.based on 30,000 DWI arrests: $19 million The formula for the tax thus allows continued expansion of the drunken driver control program until a more reasonable share of the drunken drivers who are out there on Minnesota roads are arrested. At present~ half of one percent are arrested. Making it one percent, or 1% percent, might bring us closer to bringing the problem under control. This Bill provides a more appropriate source of funds to do it. It's called "Taking the Drunken Driver Off the ' Property Tax Payer' s Back." To the extent that local and state government -~re relieved of that cost and pass on that relief to the taxpayer~ it may be called a tax relief measure. -0- Companion bill H.F. 1381 (Arlandson, Ellingson, A. Kempe, K. Nelson, Albrecht) Referred to Committee on Taxes }~essrs. Schaaf and Benedict intro~paed-- S. F. No. 865: Referred to the Com~L~ttee on d.~IJO;CJ^RY 5 10 12 17 19 ~0 A bill for an act relating to ta×atfon! imposing a tax on l~uor sold for resale by the drink; providing for the' distribution of the proceeds to local units of ~overhment to meet the costs of enforcement of laws r. elating to driving offenses tnvolvin~ alcohol or dru~sl, requiring payment of certain costs by perso~s receiving tr'catmen~x care ob rehabilitation for alcoholism; proyidtng Statutes 1976~ Chapters 169 and 3~0~ by adding secktons, . BE IT ENACIEO BY THE LEGISLATURE .OF THE STATE OF ~INNE}OT~I Section I, M~nnes~ta Statut~~ 1976~ Chapter 3~Ot l~ 'amended by adding a section to readl ..... [3~0.g861 ['ADDITIONAL'IA'× ON INTOXICATING LIOUOR.]. Subdivision t. [DEFINITION.) For the purposes ~f th~s section~ "wholesale:distributOr" means any parson who sells ;[nto×i'cattng liquor 'to'retail ~dealers for the purpose of resale at on-sale establishments where 11q~Joe is sdld by the ~lass or by the drink for consumpt~ot~ on th~ premises only, Subd. 2, [lAY IMPOSED,] In addition to the ta{&s imposed by section 297A,02 and chapter 3~0i there is l~posed an excise tax on t~e ore'ss receipts from the sale of ltouor by ~holeselo distributors accordfno to the followgng. 2 {a) five cents-~or ounc~ o{ distilled l{aUorl [b) five cent~ ocr t~olve ounces of beer or Intox~cattn9 ~a~t ltouors! and . ' five cents Der four OUhCe~ of wine, ~ubd, 3, [COLLECTION At~b PAYHENT.] For [he ~uroos~.s of 8 the prov{s~ons of sect{ohs 297A.01 to 297A.tJO relating to 9 the duties of retailers with respect to collection and ~0 p~¥ment of the excise tax, and shall b; Subject to the ~! ~enalt~es provided therein for' failure ~o c~m~1¥. [he 12" com~tsStoner of revenue s~all deposit the revenues der{red from the tax imposed ~y this section in the state treasury~ i~ to be credited to the general fund, 15 Subd, q, [USE DF PROCEEDS,] The proceeds of the tax I7 I8 19 tmpcsed by this section shall be used to reimburse state and local._u.n, its of..oovern~ent_...for the costs o.f arrests, . orosecuttons, ~rovid{ng public defend'er services~ presentence tn.vestioat~ons~ rehabilttatton~ educatiOn~ an~ 20 ' other sarvices 'related to o'~fenses or'to the prevention of offenses involvtno op~ratin.q motor vehicles while pursuant to the pr~'visions of section 2, .'.. 2~ .- Sec, 2; [APPROPRIATION OF PROCEEDS.] There is anhually .- ~ ..... -~ ~ · ~; . - ... . ~ . 2q apmropr~ated from t'he r~eneral fund in the sta~e treasury to 25 the'com~tss{oner'of p~bltc s~et~ the proceeds of the excise- .2& tax {~mosed by section ! which were deposited pursuant to '' ' 27' section'!'~ sul:divtsion 3 during the 12 months preceed~np the': 29':' appropriation. . .: '''.The'~om~i~stOn~'r:6f-pu~llC s~fety, (brough an office of' 30' alcohol a~d"~/~g"relate~''[~affic control programs to be: count¥~ or municipal poOnmont ~htch .provides ~crv{ce~ Cot the enforcement mo~tor vchtcl~ ~ho ~r~ undor tho Snflucnce of dru~s or alcoholic beVcro~es or services for the prevention of '%1coho1 or drug related traffic problems or for provid~no traffic ~ccidents, The commissioner of public safety may sha~l not be required to co~ply w~th the provisions of 141nne5ota Statutes~ Chapter ~$, ~n doing so. The d~str~but~o~ shall b~ mad~ t.6'th~ state~ county, or & .g 10 '.']2 - munfcCp'al unit -hich incurred the costs as The sum o'f ~150 for each arrest for a violation of lQ H~nnesota Statutesz Sect~on'lbg,121' or an ordinance Sn I 15 conformity therewith, 16 ¢2) The sum of $]00 for providing prosecution services 17. for each case in which v~olation of F~nnescta Statutesr 18 Section 16g,121 or an ordinance ~n conformity kherew¢th~ '%9 alleged, " 20 ¢~ The sum of SlO0 for providing public 'defendep . - 21 .services-to each person.who:~s char~ed ~ith violat{on of 22 ':"~:inn'esota Statutes, Section I&9~1.21, or an ordinance tn " 23 conformity therewith and who'meets the usual means test for- 2~ eligibility for public defender' services, ''-' .-. 25 [~) The su~ of 555 for ea~fendant for whom a · . 26 presentence'~nVest~gat~on or'an assesS~cn~ Of problem 27 dr{nk¢~g or chemical depenoepc¥ {s conducted ~nd'~'remo~t . 28 submitted to the court or to ........ '29 safety pursuant to-Ftnne-sota Statutest Sections %&g.l-2Q~ :.......: · ' 3%-' (5) The sum of 525 for each day of ~ncarcerat{on . · : ,. ~ provCded' t'o pe'rs~ns convicted of'v~l'at~ng ~]nnesota'' -, ~ . sql 'e.ol.^-Ias ~:l 6u~.p~^o.~d :tua~u. Jo^od J.o 1, sun aq:~ AR ~2 aql o~ p~ed ~d~[~s a~l ~s~tq~s~ o~.~ueauJoAoO ~o l$un 02 :~ue~uu.~a^oo ,[o :tSun aq] o1 ape~ aq iieqs ~ua~Xed sDqj. 61 oD~eJ.~ paz~dolo~ ~o dnO~ ~3~a Jo~ S[~ ~0 ~ns aq~ (g) " UO$13oS ~soln~els elosauu~ o~ luensJnd uoSJad pa~eo~xolu$ O[ 6 g _uo~e~p~Joo. Ou}nut~uo~ ~u~nLou~ ~o~eJ~o ~u~d}nbo ~ ~Smo[qOJd ~&;eJ~ poleioJ ~nJp pu~ [ogo~Le o~ 6u}~eL.J o3,.~u~nsand uo~el suo}4oe 6u}pn[au}. ~s'~J[3aJcl [oJ~UO3 qo~q~ soto}qo~ do~a~ ~o ~o^tJp ~o ~ussu~o}[ ~ql O1 ~U~I~tOJ :s.-~ot[o~ se ,sonJp pu~ Laqoo[e Ou~^LoAuD sua$:leLoSA o$~J% 02 61 I1 Ol 6 5 £ ! - ~ *s'.uetqoJo ::)}tie.Il pallia--' [~rl,4p pu~ LOqO-3[~, C,l[ auDttoJluO3 JOt ~ls~s tteJo^O u~ ~0 uo}leJaao paleu~pJooo 'bi ~usuu~[d ~o Isoo aq~, 30~ ot O00'OgS ~o .,,ns oql. (p)' m '?uos;~d ~uoOJpuj ;q~ pa6~e~ oq ~o~. tt~qs [ uo~s$^lpqns O~ -aJ~q% q~.q.'~ .ut saseo..uI £'S1h3193 IN39IQNI]..:~2 .'pq. ns .... '~2 '~'~essa~a~ Oql pue uo~%~)t}qeqOJ JO uo~%eonpa.oql ~0 S2' S~ uosJ~ e u~q.~. ['$~B-DO~d'NOII.~.IXqI~¥H3~ HO :~011¥3RQ3] ET-' 'I uoDsD^Dpqn~ ('lN3~l¥3al BO NOIl~£IqlSYH3H 'NOIl¥Oqq3 031Vq3a OSaO ~NY 90H039~ BOd 33X IN3193I- ['92I'6~] e~ep ~u~pntout IS~JoOJ~ [OJ%UOO O)~d~ po%e[OJ ~NJp' pue ~o ~sOo a4t ~o.~ o~.000'000~ ~a ~n~ ~ql S b ~to ~n~jxe~ e o), un uo,~le~,t[.tqe~jeJ'JO o,ae3 ~lu~,'.u~;~J.~-q:3n 6~J e u~q~.% ['JLN3HL¥3~lt H~I31~JNOq ~0 LN3ItYdNI) '[ 'pqns : £, CITY OF MOUND Mound, Minnesota January 18, 1978 INFORMATION MEMORANDUM NO. 78-2 TO: FROM: SUBJECT: The Honorable Mayor and City Council The City Manager Plywood Antitrust Litigation Attached is a copy of a notice on a Plywood Antitrust Action. Mound has not made a direct purchase of plywood since 1963. Some ply- wood was purchased indirectly in the construction of the office building. Since this is a very small amount, it is recommended we ask exclusion from the case. ~/L~nara ,.. mopp ? \ ~/ 2 .0 FED STATES DISTRICT C£ EASTERN DISTRICT OF LOUISIANA IN RE: / M.D.L. NO. 159 PLY3,VOOD ANTITP, UST LITIGATIONI ALL CASES NOTICE OF CLASS ACTIONS AND PROPOSED PARTIAL SETTLEMENT TO: Govcrnme~tal Purchttscrs of So[tweed Plywood * Your r.:gbts may be affected by lawsuits now pendiug in this court. Those bringing the lawsuits (the plaintiffs) charge that for many )'cars the manufacturers of softwood plywood have conspired and combined to eliminate or restrict price competition in the manufacture, distribution and sale of such ply- wood. Tbcy coutend that as a result purchasers of softwood plywood have paid higher prices than they would otbcrwise have paid. They say that under the federal antitrust laws the manufacturers are legally responsible to the purchasers for three tirnes the amount of such alleged overdtarges, as well as for attorneys' fees and costs. They also ask that the utanu- facturers be prohibited from the alleged collusive establishment o£ prices through use of freight charges other than actual freight costs or through other methods. The court has not ruled on the nierits of these charges or on the denials and other defenses made by the nlanufac- curers who are named as defendants in the lawsuits. However, some matters have arisen during preparation of the litigation for trial which affect governmental purclmsers of softwood plywood who were not previously parties to the lawsuits. The purpose of this notice is to advise such purchasers of these events and tlleir significance. CLASS AC'r~ON RULINGS The court has rnled that the litigatiou may be maintained as a claim for triple damages, attorneys' fees, costs, and injunctive relief not ouly by the nained plaintiffs, but also on behalf of classes consisting of certain other purchasers of softwood plywood (other than the defendants themselves; the defendants' brokers, wholesalers, and agents; and office wholesalers). One ** of the classes is a "governmental" class, which consists of all state governments, political snlxlivisions, and agencies 01roughout the United States and its territories which at any time since January 1, 1965, have purchased softwood plywood from the manufacturers thereof (directly or through the manufacturers' brokers, wholesalers and agents). Establishment by the court of the classes does not mean that any money or injunctive relief will be obtained for pur- chasers of softwood plywood, for these are contested issues which have not been decided. Rather, the ruling means that the ultimate outcome of the litigation--whether favorable to the plaintiffs or to the defendants--will apply in like manner to the class members as well. Note that the class is limited to those governmental agencies which have made at least one "direct" purchase of soft- wg_gd plywood since Jannarv 1, 1963.-~ A "direct" purchase is one made directly from a manufacttrrer (indudiIig ~ills, warehouses, anff~- ~nters) o~through a mat~:'s/{ro~er, (~saler, or-h~.t.- If ha-~c purchased~I-~wood only tllrot'o'o'o'o'o'o'o~--OtlTer ~ou/ccs (fox -ex~e, mill Lea ers") , you are not a member of the class on whose behalf the litigation will be maintained. Any claims by "indirect-only" purchasers against the defendauts can be presented by timely intervention or institution of their own lawsuits; and delay iii filing such interveution or law- suit may adversely affect such claims. ~ ELECTION BY CLASS ~[EMBERS If you fit the above class description, you have a choice whether or not to remain a member of a class on whose behalf this action is being maintained. Either choice will have consequences, which you should understand before making your decision. · If you desire to be eliminated from the class, you must complete the enclosed form ("Exclusion Request") and return it to the "Conunittee of Counsel" by mail postmarked before March 10, 1978. By electing to be excluded: '(1) you will not share in any recovery which might be paid to softwood plywood purchasers as a result of trial or settlement of these cases; (2) you will not be bound by any decision in these cases favorable to the defendants, and ('$) you may ~?resent any claims you have against the defendants by timely intervention or by filing your own lawsuit. · If you desire to remain a member of a class, you should NOT file the "Exclusion Request" and are not required to do anything at this time. By remaining a class member, any claims you have arising out of the defendants' conduct alleged by the plaintiffs described above will be determined in these cases and cannot be presented in any other lawsuit. RIGHTS AND OBLIGATIONS OF' CLASS MEMBERS The following is a short summary of your status if you remain a member of the class: · The named plaintiffs will act as )'our representatives for the presentation of the charges against the defendants. If you desire, you may intervene personally as an additional party plaintiff and may appear by your own attorney; and you may also advise the Court if at any ti~ne you consider your representation by the plaintiffs and their attorneys is not fair and adequate. , Your participation in any recovery which may be obtained from softwood plywood manufacturers through trial or settlement will depend upon the results of these lawsuits. If no 'recovery is obtained, you will be bound by that result also. · You may be required to provide evidence respecting your purchases of softwood plywood. ~ You will be entitled to notice of, and an opportttnity to be heard respecting, any proposed settlement or dismissal of thc case. *This notice is being sent to those identified from various sources as possible class members; and, accordingly, you ma)' receive more than one notice. It is also possible that you are not a governmental agency or have not made any pnrchasc of softwood plywood since January 1, 1963; and in either such event this notice does not apply to you and you are not required to do anything in response to it. **Other classes consist of /msiness entities which have purchased softwood plywood for certalu business uses. Separate notice of the proposed partial settlement is being given to such business entities, which earlier had been notified of the cla~ss action. Due to the mailing lists used to give notices, you may have received or later receive a notice addressed to such business entities; tmwever, if you are a governmental agency, such notices do not apply to you. '~ Itt the future, the records of the manufacturers may be used as the source for identifying "direct" purchasers who will rece{ve fnmre notices in this litigation. If you are, and want to assure your continued treatment as, a member of the class, but believe that the manufacturers' records may not reflect you as a "direct" purchaser, you are e~,couraged to so advise the "Committee of ConnseI". 2 PARTIAL SETTLEMENTS AND " A proposed settlement has been rea&cd with three defendants: Boise Cascade Coq~oration, Champion International Corporation, and Interi~ational Paper Company. These defendants have agreed to pay the principal snm of $2,100,000, $2,000.000, and $750,000, respectively,$ for an aggregate principal sum of $4,850,000 in final settlement of all softwood ply- Wood antitrust claims against them, inclmling the claims of plaintiffs, intervenors, and members of the business anti govern- mental classcs.'~ Thc settling defendants do not admit any wrongdoing or liability on their part. The proposed settlement with them is a compromise of disputed claims and does not mean that they or any other defendants are guilty of the charges made by thc plaintiffs. None of the settlenlent funds will he distributed at this tiine, nor is it likely that any will be distributed prior to trial of the case against thc remaining defendants. The maturer and method of distribution will be determined by the court at a future time, after providing plaintiffs, intervenors anti class members appropriate notice thereof and an opportunity to be heard with respect to sudl distribution. SETTLEMENT HEARING The Court will bold a bearing at the Federal Courthouse, New Orleans, Louisiana, on March 24, 1978, at 10:00 o'clock A.M. to determine whether the proposed partial settlements should be approved and whether the settling defendants should be dismissed. Persons who remain as class members may appear and be heard at this hearing in opposition to the proposed partial settlements and dismissals, but only if they file their written objections with the Clerk of this Court by mail postmarked before March 10, 1978. Class members who approve of the proposed settlement and dismissal do not need to appear at the hearing or take any other action to indicate their approval FURTHER PROCEEDINGS If the proposed partial settlements and dismissals are approved by the court, the litigation will continue as claims on behalf o£ plaintiffs, intervenors, and class members against the following "non-settling" defendants: Anthouy Forest Products Company Arkla Chemical Corporation Dixon Plywood Company Georgia-Pacific Corporation Kirby Lumber Corporation Louisiana-Pacific Corporation Louisiana Plywood Corporation Olinkraft, Inc. Owens-Illinois, Inc. Plum Creek Lumber Company Scotch Plywood Company Temple Industries, Inc. Tremont Lumber Company Union Camp Corp. Vancouver Plywood Company, Inc. Vanply, Inc. Weyerhaeuser Company Willamette Industries, Inc. It should be noted that the clailns against the above defendants may be based not only on purchases from them, but also on purchases from other manufacturers (including the settling defendants) if shown to have been members of an unlawful conspiracy with the non-settling defendants. The essential allegations of plaintiffs' cbarges are denied by these defendants. Accordingly, it should be anticipated that the litigation will continue to be prepared for trial or other judicial resolution of the claims and defenses. Trial of the litigation is scheduled to begin October 2, 1978. ADDITIONAL INFORMATION Any questions you have concerning the matters contained in this notice should be directed in writing to: Committee of Counsel Plywood Antitrust Litigation P. O. Box 2753 New Orleans, Louisiana 70176 You may, of course, seek the advice and counsel of your own attorney if you desire. The pleadings and other records in this litigation, including copies of the proposed settlement agreements, may be examined and copied at any time during regular office hours at the office of the Clerk, Federal Courthouse, New Orleans, Louisiana. REMINDER ns TO TI~tE Li,x~trs · I£ you desire to be excluded [rom the governmental class on whose behalf these lawsuits are being maintained, return the completed "Exclusion Request" to the Committee of Counsel by mail postmarked on or before March 10, 1978. · I[ you remain a member of the governmental class but desire to object to the proposed partial settlements and dis- missals, file your written objection with the Clerk of this Court, by mail postmarked on or before March I0, 1978. Nelson B. Jones, Clerk United States District Court New Orleans, Louisiana Federal Courthouse this 5th day of January, 1978. New Orleans, Louisiana ~. Each settling defendant may witbdraw from the settlement if, in its opinion, the requests for exclusion are substantial and inaterial; and, in such event, its contribution to the hind would be refunded and the litigation would proceed against it as well as the non-settling defendants. The settling defendants' contributions to the fund will not be reduced by reason of any damages which uiay hereafter be collected from the non-settling defendants, whether by trial or (with certain exceptions) by settlement, but will reduce any judgment which may hereafter be obtained against non-settling defendants if based upon pnrchases of softwood plywood from the settling defendants. Complete copies of the settlement agreements are on file with the court aud available for your inspection. ~-p Plaintiffs, intervenors and applicants for intervention in non-class actions which either were not described as a menIber of the class certified by the court in its order of October 4, 1977, or shall have timely elected to be excluded from such class may exclude themselves from the settlements by filing an election to such effect with the Clerk of the Court by mail postmarked on or before Mard~ 10, 1978. 208 west hennepin human services planning board January 17, 1978 Leonard Kopp City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 Dear Mr. Kopp: I am writing to inform you that your city needs to appoint a second representative to the West Hennepin Human Services Planning Board. Enclosed, please find a copy of WHHS Board Job Description. If you need any further information, please contact me. Thank you for your cooperation. MS: icn En cl. 207 Board of Directors Job D~scrip tion Iii ~ Fhe ~oar2 of 'Directors of Uest Hennepin Human Ser¥i~zes is responsible -~md accountable for policy decisions in the areas of proF. ram, finance, .:~ersonnei, opera'bion~ a~]d community relations. ~.-e 3oar:~ has three officer,9~ a chatrperson~ vice chairperson and 3ecr.ta~l~/,~ea,:~u,rer as ....... as ~n executive committee consisting of .... e~%=a by uh~ Board. officers plus .ie',~ber~ ~.~c, ~ ' ~ '~ ~oard membersh~'P ~Includes two representatives appointed from each :.le~b~r municipa!:Y'by plus provider member~ se!octed by the Board. The nuub-~r of pro~ider me.~.bers is equal to the nu~be~ of me.~ber munici- pa!i~ies. ~ ]ons~mer m~emb'~rs are app~ointed in January or when there is a vacancy. This appointment is for a two year te~, and member must be reapo~inted, after' two ~rov~.:'er Members :~re seXec~ed by the Board at it~ annual meeting February for a one year term. ~esi~.aticns - All me. bets shall submit a writte~ resignation to the Chairp~rsc]! of the WHHSPB. Consumer ~'~nb~:-:rs shall also sub. it a written reslgna~ tion go hi;.~/her appointing council. 7~ca~cies - 9'acanci~ ars Til!e~ by m~.~ber municipalities for con:3u~ner members and by the ~oard itself for provider the Br~.rd ~:~,.re held m,::n%,hiy cn ti~e second Tuesday 206 ££6! 'I FRANKLIN J. KNOLL Senator 61st District South Minneapolis 5316 First Avenue. South Minneapolis. Minnesoti 55419 {612) 8274889 303 State Capitol Saint Paul. Minnesota 55155 (612) 296-7196 Senate State of Minnesota NOTICE OF MEETING Housing Subcommittee of Senate Energy and Housing Committee Tuesday, January 24, 1978 7:30 p.m. Robbinsdale City Hall 4221 Lake Road, Robbinsdale Topic: The Effects of Tax Increment Financing and Other Public Efforts to Reduce Land Costs in order' to Encourage Housin? Production Participants: Thomas Fulton - Project Director, Minneapolis-St. Pa~l Fiscal Study; State-Local Fiscal Study, State Planning Agency J&mes F. '~LLugosch, Executive Director Minnesota Housing Finance Agency City Officials, City of Robbinsdale County Officials, Hennepin County Representativesfrom Metropolitan Housing and Redevelopment Authority Public Testimony NOTE: The Robbinsdale City Hall is accessible to the handicapped. The north entrance (adjacent to the ball field) is the entrance for handicapped persons. 2O4 CO.M.MITTEES . ~,'~ce ~-:": ,, ' ,' ' "' ' Governmental Operations. E'.toir.:~an..5t!bco::up, ittce on Mttro?iitan Affairs · Judic:ary - GEORGE S. PILLSBURY Senator 42nd District 1320 Bracketts Point Road Wayzata, Minnesota 55391 (612) 473-9634 Offices: 130 State Office Building St. Paul, Minnesota 55155 (612) 2964121 930 Dain Tower Minneapolis, Minnesota 55402 (612) 338-3873 enate State of Minnesota January 18, 1978 Mr. Leonard L. Kopp City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 Dear Len: As always, glad to work with Tad concerning legis- lation for the Mound Fire Pension Plan. As soon as he sen~ me the Senate copies, I shall introduce the bill and ask for a hearing before the Pension Committee. One thought in passing, might not the council and the association consider earlier partial vesting as is now permissible under state law as an alter- native use of these additional funds? Best regards. GSP:hl Copy for Representative Tad Jude COMMITTEES · Elections, Employment, Finance, Rules and Administration · Commission on Minnesota's Future · Legislative Audit Commission SERVING · Corcoran, Dayton, Deephaven, Excelsior, Greenfield, Greenwood, Hanover, Hassan, Independence, Long Lake, Loretto, Maple Grove, Maple Plain, Medina, Minnetonka Beach, Minnetrista, Mound, Orono, Rogers, St. Bonifacius, Shorewood, Spring Park, Tonka Bay, Wayzata, Woodland 2O3 300 l~Ietro Square Building, 7th Street and Robert Street, Saint Paul, Minnesota 55101 Area 612, 291-6359 January 17, 1978 TO: Affected Municipalities, Counties and Special Districts Minnesota Department of Natural Resources Application for LAWCON Funds Acquisition of Ten Public Access S itc s Metropolitan Council Referral File No. 5337 The Metropolitan Council recently received an application for federal funds to accomplish the above referenced project and a letter of notlf[catfon was sent to affected municipalities, countfes and special districts. We have received a number of requests for a map showing where the .ten sites are to be located. I have contacted the Department of Natural Resources and have been advised that the specific sites have not as yet been selected. Attached is their letter explaining the status of the ten sites. JR:ia Attachment ~incere!y ,~n ~u~Jord Referral Coordinator 202 An Agency Created to Coordinate the Planning and Developmcnt of the Twin Cities Metropolitan Area Co~prising: Anoka County 0 Carver County O Dakota County O I{ennepin County 0 Ramsey County 0 Scott County 0 Washington County STATE CENTENNIAL OFFICE BUILDING NATURAL ST, PAUL! Jan. 10~ 1977 RESOURCES MINNESOTA 55155 DNR INFORMATION (612) 296-6157 Mr. John Rutford Metro Council Room 300 - Metro Square Bldg. 7th & Robert Street, St. Paul, Minn, 55101 Re: LW27-00790 , Metro Public Access Dear Mr. Rutford: The designated project is conceptual in the fact that no specific sites have been selected on the designated lakes. The lakes listed are the eighteen most critical lakes in the Metro Area in the Department of Natural Resources view. The goal is to acquire sites on ten of these lakes this biennium. The cooperation of the effected municipalities will be solicited in the selection of these sites when the funds become available, and the Metro Council will be informed of any positive negotiations. It is our feeling that you will concur with the critical nature of -opening our Metropolitan, public waters to the public. Charles Burrows Lawrence Seymour Patrick McFall JHK/REJ/cj s Sincerely, Jerome H. Kuehn Planning Adminis tra tot Bureau of Environmental Planning and Protection AN EQUAL OPPORTUNITY EMPLOYER 201